HomeMy WebLinkAboutRegister of Bidders - Bid2021-TON-0219-IFB - Public Restroom CleaningTTOOWWNN OOFF NNAANNTTUUCCKKEETT
37 Washington St. ▪ Nantucket, MA 02554 ▪ 508-228-7200
INVITATION FOR BIDS
PUBLIC RESTROOM CLEANING SERVICES
TOWN OF NANTUCKET
The Town of Nantucket, through its Town Administration, invites qualified bidders to submit bids for
public restroom cleaning services at municipal-owned facilities. The resulting contract will be a 3-year
agreement from April 1, 2021 – March 31, 2024.
I. GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS.
1) Bids and specifications can be obtained from and will be accepted at the Town of Nantucket,
Procurement Office, 37 Washington Street, Nantucket, MA 02554, until Monday, March 15, 2021
at 1PM and publicly opened forthwith for this Invitation for Bids which is made in accordance
with M.G.L. c 30B. Two copies of the bid are required. The bid envelope must be sealed and
clearly marked:
IFB for Town Public Restroom Cleaning Services
Proposers must register on the Town’s website – bid postings page in order to ensure receipt of any
changes or addenda to the IFB.
2) Award date. Award will be made within thirty (30) days after bid opening unless otherwise stated
in the specifications or the time for award is extended by mutual consent of all parties. All bids
submitted shall be valid for a minimum period of sixty (60) calendar days following the date
established for acceptance.
3) If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed to
all bidders on record as having requested the IFB. Each responder shall acknowledge receipt of
any and all addendum issues by submitting acknowledgment forms provided with any Addenda.
Failure to do so shall be cause to reject the submittal as being unresponsive.
4) Questions concerning this IFB must be submitted in writing to: Chief Procurement Officer, Town
of Nantucket, 37 Washington St., Nantucket, MA 02554 via email at procurement@nantucket-
ma.gov by or before Tuesday, March 9, 2021 at 12PM (noon). Written responses will be posted
on the Town website in the form of addenda if necessary and emailed to all bidders on record as
having requested the IFB.
5) Bids may be modified, corrected or withdrawn only by written correspondence received by the
Town of Nantucket prior to the time and date set for the bid opening. Bid modifications must be
submitted in a sealed envelope clearly labeled “Modification No. ___” and must reference the
original IFB.
6) After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to
the interests of the Town of Nantucket or fair competition. Minor informalities will be waived or
the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on
IFB: Public Restroom Cleaning
the face of the bid document, the mistake will be corrected to reflect the intended bid, and the
bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a
bid if a mistake is clearly evident on the face of the bid, but the intended correct bid is not similarly
evident.
7) The Town of Nantucket reserves the right to reject any and all bids and to waive any informality in
bids received whenever such rejection or waiver is in its best interest.
8) The Town of Nantucket will not be responsible for any expenses incurred in preparing and
submitting bids. All bids shall become the property of the Town of Nantucket.
9) Responders must be willing to enter into the Town of Nantucket’s standard form of contract that
will include the scope of services description of this IFB.
10) The bid, and any subsequent contract for the services, is hereby issued in accordance with
applicable Massachusetts General Laws. The selected bidder shall be expected to comply with all
applicable state and federal laws in performance of service.
11) Bids received prior to the date of opening will be securely kept, unopened. No responsibility will
attach to an officer or person for the premature opening of a bid not properly addressed and
identified.
12) Any bids received after the advertised date and time for opening will be returned to the responder
unopened.
13) Purchases by the Town of Nantucket are exempt from federal, state and municipal sales and/or
excise taxes.
14) The Tax Compliance Certification and the Certificate of Non-Collusion must be included with the
bid response. The bid must be signed by the authorized individual(s).
15) Unexpected closures. If, at the time of the scheduled bid opening, Town Hall is closed due to
uncontrolled events such as fire, snow, ice, wind or building evacuation, the bid opening will be
postponed until 3:00 PM on the next normal business day. Bids will be accepted until that date and
time.
16) The Town of Nantucket is an Affirmative Action/Equal Opportunity Employer. The Town
encourages bids from qualified MBE/DBE/WBE firms.
17) Bidders should be aware that many overnight mailing services do not guarantee service to
Nantucket. All major carriers deliver to Nantucket Island (USPS, FedEx, UPS, etc.). It is best to
allow for two additional days for delivery to the island.
IFB: Public Restroom Cleaning
BID SUBMISSION REQUIREMENTS.
1. The signed Tax Compliance Certification must be included with the bid response.
2. The signed Certificate of Non-Collusion must be submitted with the bid response.
3. Bid Price Forms must be signed by the authorized individual(s).
4. Signature page from the Town’s contract, signed by an authorized individual as a good faith
statement that the contractor is willing to enter into the Town’s standard contract form.
5. Current Certificate(s) of Insurance.
6. Reference list.
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II. SCOPE OF SERVICES.
The Town of Nantucket contracts for daily professional public restroom cleaning services for its
public restroom facilities in accordance with the following specifications.
Term: The service period shall commence April 1, 2021 through March 31, 2024.
Buildings:
• 25 Federal Street (Town) – year-round public restroom facilities only
• 34 Washington Street, Marine Department (Town) - public seasonal restrooms with showers only
• 15 Harbor View Way - Children’s Beach (Town)– Public restrooms and trailer - public seasonal
restrooms
• 1 Folgers Court (‘Sconset) – public seasonal restrooms
• Dionis Beach Restroom facility – Dionis Beach – public seasonal restrooms
• Tom Nevers playground – Tom Nevers – public seasonal restrooms
• 10 Sun Island Rd - Delta Athletic fields – public seasonal restrooms
• 4 Bathing Beach Road – Jetties Bathhouse pavilion – public seasonal restrooms
• 4 Western Ave – Surfside Beach Bathhouse – public seasonal restrooms
Cleaning Services Specifications:
The following specifications and conditions shall serve as a minimum requirement for cleaning
services for all of the buildings listed above, hereinafter referred to as the "Facilities."
1) Contractor. The successful bidder (hereinafter “Contractor”) receiving award of this contract
shall be responsible for providing all labor, insurance, equipment and supplies, except where
noted, necessary for the cleaning of the Facilities at Contractor’s expense. The Contractor shall
provide the necessary amount of daily resources required to adequately maintain the Facilities in
a respectable, clean and sanitary manner at all times.
2) Cleaning hours. All Facilities shall be cleaned in accordance with the Public Restrooms
Cleaning Schedule, included in this document.
3) Irregular times. The Contractor may be required to provide services at irregular times upon
request from the Town Manager's office or Police Department to correct immediate unsanitary
conditions perform light maintenance or needed improvement, which may be required or may
render part of the Facilities unusable. The Contractor shall be required to respond within 30
minutes of being notified.
The Contractor shall maintain a schedule so as to maximize his/her ability to clean the Facilities in a
minimum amount of time. The Town Facilities Manager's office may coordinate with the Contractor to
determine the best level of effort needed to achieve this condition.
4) Security. All exterior doors of all the Facilities must be locked by the Contractor as indicated.
The Contractor must securely lock doors once verifying all persons have exited the restroom
facility when closing and turn off the lights.
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Keys shall be issued to the Contractor by the Town Facilities Manager, or his/her designee.
Duplicate keys
may be made only after authorization by the Town Facilities Manager. Should the Contractor
lose a key or keys, the Contractor shall be responsible for the cost of having all affected door
locks re-keyed. The Town will arrange for this to be done and bill the Contractor or subtract the
cost from that month’s invoice.
5) Compliance with laws. Contractor shall comply with all applicable state, federal and local laws,
including but not limited to OSHA, prevailing wage and hour regulations. The Contractor agrees
to have MSDS sheets available for all cleaning supplies used in fulfilling the requirements of this
contract.
6) Safety. Contractor will be responsible for instructing his/her employees in appropriate safety
measures. Contractor’s personnel will not place or use mops, buckets, or any equipment in
locations likely to create safety hazards. Personnel shall provide, place, and remove appropriate
warning signs for wet or slippery floor areas caused by cleaning or waxing operations. General
safety requirements will be complied with in all activities.
Contractor shall be responsible for instructing its employees as to the use of all emergency
equipment, the phone numbers of emergency personnel and the location of fire alarms and
firefighting equipment.
7) Work areas. Contractor shall make necessary provisions to protect all work areas and shall be
responsible for full restoration, including any associated costs, resulting from any damages
caused by Contractor’s work or employees. Contractor shall be responsible for keeping the
storage rooms provided by the Town for his/her equipment and supplies neat and orderly at all
times. Shelving provided for supply storage shall be fully stocked on a weekly basis with
adequate material to maintain a 2 Week minimum of products in order to eliminate running
out of necessary items.
8) Contractor’s personnel. The Contractor shall employ only those persons qualified and trained
to provide the services stated herein. The Contractor further warrants that his/her employees,
and any other personnel providing services under these specifications, are duly qualified to
perform the services required and said employees/personnel agree to perform services in a
professional manner utilizing appropriate procedures and methods and in accordance with any
applicable local, state or federal laws, rules or regulations.
The Contractor must provide the Town with a current list of all personnel employed by
Contractor for cleaning the Facilities, including telephone numbers and addresses, if requested.
Contractor’s personnel shall wear uniforms, provided by the contractor, while performing
cleaning services. Uniforms shall bear the company name.
IFB: Public Restroom Cleaning
Should the Town advise the Contractor that any agent, employee or other person under its
jurisdiction or supervision relative to this contract, is for any reason objectionable,
unsatisfactory or undesirable, the Contractor shall replace the individual.
Neither the Contractor nor the Contractor’s employees are to have family, friends or associates
unrelated to this contract with them for extended periods of time while working in any of the
Facilities.
9) Supplies. The Town shall provide the Contractor with all consumable items, including paper
products, plastic bags and liquid soap. Other necessary consumable cleaning supplies to be
used by the Contractor in the performance of these specifications, shall be ordered by the Town
at the Contractor’s request (Contractor shall provide a written list of items and quantities) or
ordered by the Contractor and charged directly to the
Town by a vendor approved by the Town. The Contractor shall otherwise supply, at its own
expense, all other cleaning material and equipment necessary to complete the cleaning of the
Facilities as specified herein. Contractor shall acquire and distribute supplies from the Town’s
designated storage area at 81 S Shore Road, or any other designated storage area identified by the
Facilities Manager.
10) Change to scope of work. The Town may, at any time, change the scope of work of the
Contract by written notice to the Contractor, giving therein a date upon which the change shall
become effective. On such effective date, the Contractor shall make the required changes in
his/her operation.
11) Other. The Contractor shall immediately report any damage noted in the process of
cleaning the Facilities to the Facilities Manager, or his/her designee. A meeting(s) may be held
with the Contractor or his/her designee, as necessary, to review progress and to discuss service
improvements or modifications.
12) All cleaning personnel shall become familiar with the cleaning-related requirements of the individual facilities. 13) Contacts. Contact persons for this contract will be the Facilities Manager, or his/her designee for all Facilities. 14) Billing. Contractor shall bill the Town in twelve (12) monthly invoices for each contract year. 15) Reporting. Contractor shall complete, retain, and submit on a weekly basis the Restroom Facility Daily Maintenance Log, included in this document.
IFB: Public Restroom Cleaning
DETAILED SPECIFICATIONS
The following areas are to be maintained at a high standard of cleanliness. The following
standards are intended to be the acceptable minimum level of service as directed herein. Cleaning
frequencies set forth herein are meant to be working guidelines for specific areas, dependent upon
type and frequency of use. All items not specifically included, but found necessary to properly
clean the building, shall be included as though written into these specifications.
“Daily” is considered every day for all restroom facilities unless specified otherwise herein. A summary for Facilities cleaning schedule follows this section.
1. Restroom cleaning. Daily cleaning of the restrooms shall include: cleaning and
drying of floor surfaces, visually check all drains including but not limited to sinks,
toilets, floor drains etc.; emptying of waste baskets, and trash disposal at designated area;
cleaning of sinks, faucets, soap/sanitizer dispensers and mirrors; washing, disinfecting
and deodorizing of sanitary facilities, including cleaning and disinfecting toilets, toilet
seats, urinals, partitions, grab bars, trash receptacles, vents and other fixtures; and the
cleaning of any other items not specifically mentioned herein which would be considered
part of the restrooms, and which require periodic cleaning to maintain the overall
cleanliness of the restrooms. Specific daily cleaning is to be done around the edges of
floors and tile walls. Where the restroom has an air dryer, the wall below it should be
cleaned daily. The Contractor is responsible for keeping the restrooms of each of the
Facilities stocked with toilet paper, paper towels, hand soap and sanitary items at all
times, and for notifying the Facilities Manager, or his/her designee when supplies need to
be re-ordered. These services are to be carried out in accordance with “FACILITIES
CLEANING SCHEDULE.”
2. Showers and changing areas - Daily cleaning of the changing rooms with showers
shall include: washing and disinfecting of shower stall walls and curtains, benches and
grab bars and or shelving and washing, disinfecting and the cleaning of any other items
not specifically mentioned herein which would be considered part of the showers and/or
changing area and which require periodic cleaning to maintain the overall cleanliness of
the restrooms. Contractor shall notify the Town Facilities Manager whenever any
fixtures, furniture, curtains, dispensers, etc. are broken or, need to be repaired.
The Restroom facilities professional cleaning services are to be carried out in accordance with
the following schedule:
25 Federal Street Public Restrooms:
Monday through Sunday:
• October 15th to April 15 th -- once per day in the evening with extra cleanings over
Christmas Stroll as noted below (the first weekend in December each year). Close, clean
and lock facility at 9PM.
• April 16th to May 24th - twice (2x) per day, once between 12 - 2:00 PM and once at
closing at 9PM with extra cleanings over Daffodil Festival weekend noted below). Close,
clean and lock facility between 9PM.
• May 25th to June 30 -- four times per day, once between10:00 AM - 12:00 PM, once
between 3-5:00 PM, once between 8-9:00 PM and once at closing at 1:00 AM. Close, clean
and lock facility at 1AM.
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• July 1 to August 15 – five times (5X) per day, once between 10:00 AM - 12:00 PM, once
between 2-3:00 PM, once between 5-6:00 PM, once between 8-9:00 PM and once at closing
at 1:00 AM. Close, clean and lock facility at 1AM.
• August 16th to September 8 - four times (4X) per day, once between10:00 AM - 12:00 PM,
once between 3-5:00 PM, once between 8-9:00 PM and once at closing at 1:00 AM. Close,
clean and lock facility at 1AM.
• September 9th to October 14th -- twice (2X) per day, once between 12 - 2:00 PM and once
at closing at 9PM. Close, clean and lock facility at 9PM.
• Daffodil Festival Weekend (Friday-Sunday- last weekend in April) -- four times (4X) per
day, once between10:00 AM - 12:00 PM, once between 3-5:00 PM, once between 8-9:00
PM and once at closing at 1:00 AM. Close, clean and lock facility at 1AM.
• Christmas Stroll Weekend (Friday-Sunday – first weekend in December) -- four times (4X)
per day, once between10:00 AM - 12:00 PM, once between 3-5:00 PM, once between 8-9:00
PM and once at closing at 1:00 AM. Close, clean and lock facility at 1AM.
•
It shall be the responsibility of the Contractor to Open and Close the restrooms at 25 Federal
Street daily which includes weekends. Times noted above.
Restroom facility is open year-round
‘Sconset - 1 Folgers Court – Comfort Station Public Restrooms:
April 25 to May 15th
Once (1x) per day Three (3) days a week starting the third (3rd)
weekend in April.
Cleaning Monday, Wednesday and Saturday
Exception: Daffodil Weekend as determined by the Town (usually the last weekend in April)
- Extra cleaning on Friday, Saturday and Sunday between 10:00 AM and Noon.
- It is the responsibility of the cleaning contractor to open the restroom facility at 8:00AM and close
at 8:00 PM daily from the third weekend in April through Christmas Stroll weekend as noted
below
May 15th through Columbus Day Weekend: Monday through Sunday: Twice (2x) a day –
between 12 -1:00 PM and between 8:00 PM and 8AM. Close, clean and lock facility at 8PM
Columbus Day Weekend through: Once (1x) per day Three (3)
days a week.
Cleaning Monday, Wednesday and Saturday. Close, clean and lock facility at 8PM
Christmas Stroll Weekend (Friday-Sunday – first weekend in December - annually) - Twice
(2x) a day – between 12 -1:00 PM and at 8:00 PM. Close, clean and lock facility at 8PM
Final Cleaning: Tuesday after Christmas Stroll weekend.
– Restrooms Closed for the season after Christmas Stroll.
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*Facility will be winterized by Town Facilities personnel
34 Washington Street - Marine Department Restrooms - from the Friday before Memorial Day
through the Friday after Columbus Day (21 Weeks) 3 times (3X) per day, once before 11AM, once
(1x) between 3-5:00PM and once (1x) at closing at 7:00 PM. Restrooms Closed for the season after
Columbus Day.
*Facility will be winterized by Town Facilities personnel
15 Harbor View Way - Children’s Beach – Public seasonal restrooms and trailer - from the
Friday before Memorial Day through the Friday after Columbus Day (21 Weeks) once (1X) per day.
Time of day for cleanings to occur are to be determined and coordinated with Facilities Manager.
Restrooms Closed for the season after Columbus Day.
*Facility will be winterized by Town Facilities personnel
Dionis Beach Restroom facility – Dionis Beach – public seasonal restrooms – Friday before the
Memorial Day holiday through Friday after Labor Day, once (1X) per day. Time of day for cleanings
to occur are to be determined and coordinated with Facilities Manager. Restrooms Closed for the
season after Labor Day.
*Facility will be winterized by Town Facilities personnel
Tom Nevers playground – Tom Nevers - public seasonal restrooms - Friday before Memorial Day
through Friday after Columbus Day, twice (2X) per week on Monday and Friday. Time of day for
cleanings to occur are to be determined and coordinated with Facilities Manager. Restrooms Closed
for the season after Columbus Day.
*Facility will be winterized by Town Facilities personnel
10 Sun Island Rd - Delta Athletic fields – public seasonal restrooms – April 15th through Friday
after Columbus Day, twice (2X) per week on Monday and Friday. Time of day for cleanings to occur
are to be determined and coordinated with Facilities Manager. Restrooms Closed for the season after
Columbus Day.
*Facility will be winterized by Town Facilities personnel
4 Bathing Beach Road – Jetties Bathhouse pavilion – public seasonal restrooms – Friday before
Memorial Day through Friday after Labor Day, once (1X) per week. Time of day for cleanings to
occur are to be determined and coordinated with Facilities Manager.
Restrooms Closed for the season after Labor Day.
*Facility will be winterized by Town Facilities personnel
4 Western Avenue – Surfside Beach Bathhouse – public seasonal restrooms – Friday before
Memorial Day through Friday after Labor Day, once (1X) per week. Time of day for cleanings to
occur are to be determined and coordinated with Facilities Manager.
Restrooms Closed for the season after Labor Day.
*Facility will be winterized by Town Facilities personnel
IFB: Public Restroom Cleaning
2021 - 2024
PUBLIC RESTROOM
FACILITIES CLEANING
SCHEDULE
DAILY
▪ RESTROOMS & SHOWER/CHANGING AREAS RESTROOMS - cleaning and
drying of floor surfaces; emptying of waste baskets, and trash disposal; cleaning of
counter surfaces, mirrors; washing, disinfecting and deodorizing of sanitary facilities,
including cleaning and disinfecting of sinks, dispensers, toilets, and other fixtures; and
the cleaning of any other items not specifically mentioned herein which would be
considered part of the restrooms, and which require periodic cleaning to maintain the
overall cleanliness of the restrooms. A “Restroom Facility Daily Maintenance Log” shall
be placed in each restroom. Location and form shall be approved by Town Facilities
Manager. At a minimum, it shall identify the person, time cleanings occur and the
various tasks performed during each cleaning. Logs shall be turned over to the Town
Facilities Manager.
WEEKLY
▪ CLEAN W/STAINLES STEEL POLISH STALL DIVIDERS, WASH BASEBOARDS
THROUGHOUT ALL RESTROOM FACILITIES
MONTHLY
▪ WALLS (including vents), LIGHT FIXTURES AND WINDOWS (interior only)
TWICE EACH CONTRACT YEAR*
▪ CLEAN CEILINGS (including vents)
IFB: Public Restroom Cleaning
Restroom Facility Daily Maintenance Log
Location: ___________________________
Toilets
&
Sinks Mirrors Soap
Paper
Towels
&
Toilet
Paper Floors
Trash
Can
Date Time Checked Cleaned Checked Cleaned Checked Filled Checked Filled Checked Cleaned Checked Emptied Employee’s
Initials
S A M P L E
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QUALITY OF WORK
All work is to be quality work and shall be performed according to the standards of the industry and
according to the plans, directions and instructions as presented by the authorized representatives of the
Town of Nantucket.
III. QUALITY REQUIREMENT.
1. Bidders must provide all of the items described in Section II and comply with all of the bid submission
requirements listed in Section I.
2. Bidder must have been regularly and actively engaged in the cleaning business, operating under the
same business name and business organization structure; and performing the type of work described above
under “SCOPE OF WORK” for a minimum of five (5) years and must provide proof of this.
3. Bidder must provide current proof of Insurance(s) for the business in the bid
a) Workers' Compensation coverage, covering the obligations of the Contractor in accordance
with applicable workers' compensation or benefits law;
b) Commercial General Liability insurance on an occurrence basis with a combined single limit
of not less than $1,000,000. Coverage is to include premises and operations, coverage for
liability or subcontractors and products and completed operations. The policy shall contain
an endorsement stating that the aggregate limits will apply separately to the work being
performed under this contract. The Town will be added as an additional named insured;
c) Automobile Liability insurance of not less than $1 million combined single limit covering
owned, hired and non-hired vehicle use.
IV. REFERENCES.
Bidders must provide a complete list of municipal customers who it provided services for in the past three
years. Reference information must include Company/Government Name, Contact Person, Current Phone
Number, Fax Number and date of purchases. Poor references may be a basis for determining that a bidder
is not responsible.
V. RULE FOR AWARD.
One contract will be awarded to the responsive and responsible bidder who meets the qualifying
factors, can provide the services requested and offering the lowest LUMP SUM BID AMOUNT. This
is a lump sum amount contract which includes all costs associated with the items needed to complete
the work as required. In the event of a tie of two vendors, the vendors will be invited to the
procurement office for a coin toss to break the tie. In the event of a tie of more than two vendors, the
vendors will be invited to the procurement office for a drawing of straws to break the tie.
VI. BASIS OF COMPENSATION.
Lump sum amount contract including all costs associated with the items needed to complete the work as
required.
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BID FORM
LUMP SUM BID:
The undersigned proposes to the Town of Nantucket the contract price specified below for the
specifications contained herein.
CONTRACT YEAR AMOUNT
Year 1: April 1, 2021 – March 31, 2022 $
Year 2: April 1, 2022 – March 31, 2023 $
Year 3: April 1, 2023 – March 31, 2024 $
TOTAL BID
AMOUNT:
$
Bid amount in words: ______________________________________________________________
For any additional work outside contract scope: HOURLY RATE $_______________
Name of general bidder: _____________________________________________________
FEIN or SSN: ____________________________________
Address of bidder: _______________________________________________________
Telephone number of bidder: ___________________________________
Email Address of bidder: __________________________________________
Bidder's signature: ______________________________________________
Name: __________________________________________________
Date: ________________
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NOTE: If the bidder is a corporation, indicate state of incorporation under signature and affix
corporate seal; if a partnership, give full names and residential addresses of all partners; if an
individual, give residential address if different from business address.
Insurance Required:
(a) Workers' Compensation, covering the obligations of the CONTRACTOR in accordance
with applicable Workers' Compensation or Benefits laws.
(b) Commercial General Liability Insurance on an occurrence basis with a combined single
limit of not less than $1 million. Coverage is to include premises and operations, coverage
for liability of subcontractors. The policy shall contain an endorsement stating that the
aggregate limits will apply separately to the work being performed under this Agreement.
(c) Automobile Liability Insurance of not less than $1 million combined single limit covering
owned, hired and non-hired vehicle use.
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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 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 person signing bid or proposal Date
Please Print Name
Name of Business
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TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge
and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees
and contractors, and withholding and remitting child support.
Federal Employer ID Number Name of Corporation
President’s Signature Date
Please Print Name
TTOOWWNN OOFF NNAANNTTUUCCKKEETT
37 Washington St. ▪ Nantucket, MA 02554 ▪ 508-228-7200
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
TOWN OF NANTUCKET
AGREEMENT BETWEEN
THE TOWN OF NANTUCKET
AND
XXXXXXXXXXXXX
THIS AGREEMENT made effective ____________, 2021, by and between the TOWN OF
NANTUCKET, MASSACHUSETTS, a municipal corporation, acting by and through its Town
Administration, with offices at Town Hall, Nantucket, Massachusetts 02554 (hereinafter called the
"TOWN"), and XXXXXXXXX whose principal office address and state of incorporation are as set forth
on Exhibit A (hereinafter called the "CONTRACTOR").
RECITALS:
WHEREAS, the TOWN desires to retain the CONTRACTOR to provide certain services for the
TOWN, as described below, and the CONTRACTOR is willing to accept such engagement, all on the
terms hereinafter set forth,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
ARTICLE 1 - ENGAGEMENT OF THE CONTRACTOR
1.1 The TOWN hereby engages the CONTRACTOR, and the CONTRACTOR hereby accepts the
engagement to perform certain services for the TOWN, as described in Article 2.
1.2. In the performance of any service under this Agreement, the CONTRACTOR acts at all times as an
independent contractor. There is no relationship of employment or agency between the TOWN, on
the one hand, and the CONTRACTOR, on the other, and the TOWN shall not have or exercise any
control or direction over the method by which the CONTRACTOR performs its work or functions
aside from such control or directions which are consistent with the independent contractor
relationship contemplated in the Agreement.
ARTICLE 2 - SERVICES OF THE CONTRACTOR
2.1 The CONTRACTOR will perform the services described in the Scope of Services set forth on
Exhibit A (the "Work").
2.2 The CONTRACTOR shall report, and be responsible, to the TOWN and its designee (if any) as set
forth on Exhibit A.
2.3 There shall be no amendment to the Scope of Services or Work provided for in this Agreement
without the written approval of the TOWN. The TOWN shall be under no obligation to pay for any
services performed by the CONTRACTOR which are not explicitly agreed to by the TOWN in
writing.
2.4 The CONTRACTOR represents and warrants to the TOWN that the CONTRACTOR (including all
Contract No. __________
PO No. __________
Vendor No. __________
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
of its personnel, whether employees, agents or independent contractors) will be qualified and duly
licensed (if necessary) to perform the services required by this Agreement and further agrees to
perform its services in a professional manner, and in accordance with the reasonable standard of
care implied by law and all applicable local, state or federal ordinances, laws, rules and regulations,
all of which are incorporated herein by reference. The CONTRACTOR will obtain and pay for any
and all permits, bonds and other items required for the proper and legal performance of the Work.
2.5 The CONTRACTOR represents and warrants to the TOWN that it is not a party to any agreement
contract or understanding which would in any way restricts or prohibits it from undertaking or
performing its obligations hereunder in accordance with the terms and conditions of this
Agreement.
2.6 All written materials and any other documents (whether in the form of “hard” copies, graphics,
magnetic media or otherwise) which are received and produced by the CONTRACTOR
pursuant to this Agreement shall be deemed to be “work for hire” and shall be and become the
property of the TOWN upon the receipt and production of such items by the CONTRACTOR.
The TOWN acknowledges that such materials are being prepared with respect to the specific
project contemplated hereby and that any reuse of such materials by the TOWN in connection
with any other project shall be at the TOWN’s sole risk, unless otherwise agreed to by the
CONTRACTOR in writing.
2.7 The CONTRACTOR shall be responsible for the professional and technical accuracy, and for
the coordination, of all designs, drawings, specifications, estimates and other work or services
furnished by CONTRACTOR or its consultants and subcontractors. The CONTRACTOR shall
perform its work under this Agreement in such a competent and professional manner that detail
checking and reviewing by the TOWN shall not be necessary. The CONTRACTOR shall
supervise and direct the Work, using its best skills and attention, which shall not be less than
such state of skill and attention generally rendered by the design and engineering profession for
projects similar to the subject project in scope, difficulty and location.
2.8 The CONTRACTOR shall not use any subcontractors or sub-consultants (not identified herein)
for any work required under this Agreement unless such use has been approved in advance in
writing by the TOWN.
2.9 Notwithstanding anything to the contrary in this Agreement, the CONTRACTOR shall not be
relieved of its obligations under this Agreement by the TOWN’s performance, or failure to
perform, any of the TOWN’s administrative duties under this Agreement, including, but not
limited to, the TOWN’s review and/or approval of plans, estimates, programs, documents,
materials, work and services furnished by CONTRACTOR.
ARTICLE 3 - PERIOD OF SERVICES
3.1 Unless otherwise provided on Exhibit A, the term of this Agreement shall commence on the date
hereof and continue until the Work is completed to the TOWN's reasonable satisfaction.
3.2 The CONTRACTOR shall proceed with the Work promptly after receiving Notice to Proceed and
will diligently and faithfully prosecute the Work to completion in accordance with the provisions
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
hereof. In any event, the Work shall be completed no later than the date set forth on Exhibit A.
The CONTRACTOR acknowledges that time is of the essence of this Agreement.
3.3 If the CONTRACTOR is delayed in the performance of any of its obligations under this Agreement
by the occurrence of an unforeseen event beyond its control such as fire or other casualty, abnormal
adverse weather conditions, acts of God (collectively, "Unavoidable Events") which materially and
adversely affect its ability to perform the Work, then the time for the CONTRACTOR to perform
the Work shall be extended for such time as the TOWN shall reasonably determine is necessary to
permit the CONTRACTOR to perform in light of the effects of the Unavoidable Event.
If an Unavoidable Event occurs which, in the TOWN’s reasonable determination, makes the
performance of the Agreement impossible without the expenditure of additional TOWN funds, the
TOWN may, at its option, elect to terminate this Agreement upon thirty (30) days written notice.
ARTICLE 4 - PAYMENTS TO THE CONTRACTOR
4.1 The compensation due to the CONTRACTOR shall be paid in the amounts, and in the manner, set
forth on Exhibit B, attached hereto.
4.2 The CONTRACTOR will bill the TOWN at the completion of the work unless otherwise provided
on Exhibit B, with one or more invoices broken down to show the quantity of work performed and
the percentage of the entire project completed, categories and amount of reimbursable expenses (if
any), and provide such supporting data as may be required by the TOWN.
4.3 The TOWN will pay the CONTRACTOR upon review and approval of such invoices by the
TOWN or its designee.
4.4 This engagement may be subject to budgetary restrictions which may limit the total amount of
funds available for the Work. Accordingly, unless otherwise stated on Exhibit B, the TOWN will
not be obligated to pay any amount in excess of the maximum project amount without the express
written approval of the TOWN.
4.5 The CONTRACTOR and its sub-contractors shall not be compensated for any services
involved in preparing changes that are required for additional work that should have been
anticipated by the CONTRACTOR in the preparation of the documents, as reasonably
determined by the TOWN.
ARTICLE 5 – TERMINATION
5.1 This Agreement may be terminated, with cause, by either the TOWN or CONTRACTOR, upon
written notice given by the non-defaulting party. For the purposes of this provision, "cause" shall
include the failure of a party to fulfill its material duties hereunder in a timely and proper manner.
5.2 The TOWN shall have the right to terminate this Agreement for its convenience and without cause
upon ten (10) days written notice.
5.3 Following termination of this Agreement, the parties shall be relieved of all further obligations
hereunder except:
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
(a) unless the TOWN terminates for cause under paragraph 5.1, in which event the TOWN
shall be under no obligation to make any payments to CONTRACTOR except for those
services satisfactorily provided, the TOWN shall remain responsible for payments for the
services satisfactorily performed and, unless this Agreement is for a lump-sum, expenses of
CONTRACTOR reasonably accrued prior to the effective date of the notice of termination
in compliance with this Agreement (less the value of any claims of the TOWN), all as
determined by the TOWN in its sole discretion, but for no other amounts, including,
without limitation, claims for lost profits on Work not performed; and
(b) The CONTRACTOR shall remain liable for any damages, expenses or liabilities arising
under this Agreement (including its indemnity obligations) with respect to WORK
performed pursuant to the Agreement.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 The CONTRACTOR agrees to indemnify and save the TOWN harmless from any and all
manner of suits, claims, or demands arising out of any errors, omissions or negligence by
CONTRACTOR (including all its employees, agents and independent contractors) in performing the
Work, or any breach of the terms of this Agreement by such CONTRACTOR and shall reimburse the
TOWN for any and all costs, damages and expenses, including reasonable attorney's fees, which the
TOWN pays or becomes obligated to pay, by reason of such activities, or breach. The provisions of
this Section 6.1 shall be in addition to, and shall not be construed as a limitation on, any other legal
rights of the TOWN with respect to the CONTRACTOR, in connection with this Agreement, and shall
survive termination or expiration of this Agreement.
6.2 Before commencing work the CONTRACTOR shall obtain and maintain at its expense and
from insurance companies of a Best Rating of A or better, which are licensed to do business in
the Commonwealth of Massachusetts, insurance as set forth below. If the CONTRACTOR is
permitted to sub-contract a material portion of the Work, or is otherwise identifying a third
party to perform services for the Town, the CONTRACTOR shall assure that such sub-
contractor or other third party also has such insurance.
(a) Workers' Compensation, covering the obligations of the CONTRACTOR in accordance
with applicable Workers' Compensation or Benefits laws.
(b) Commercial General Liability Insurance on an occurrence basis with a combined single
limit of not less than $1 million. Coverage is to include premises and operations, coverage
for liability of subcontractors. The policy shall contain an endorsement stating that the
aggregate limits will apply separately to the work being performed under this Agreement.
(c) Automobile Liability Insurance of not less than $1 million combined single limit covering
owned, hired and non-hired vehicle use.
(d) Errors and Omissions Insurance of not less than $2 million per claim. The coverage
shall be in force from the date of execution of the Agreement to the date when all design
and construction work is completed and accepted by the TOWN, unless, however, the
policy is a “claims made policy,” in which event the policy shall remain effective and in
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
full force for a period of six (6) years after completion of all design and construction
work relating to the engagement.
(e) Such additional insurance as may be required to be carried by the CONTRACTOR by law.
(f) Such additional insurance as the TOWN may reasonably require, as set forth on Exhibit A.
CONTRACTOR shall maintain such insurance during the term of Agreement and give the TOWN
twenty (20) days written notice of any change or cancellation of coverage. Each insurer providing
policies hereunder shall waive its rights to subrogate claims against the TOWN. The TOWN will
be added as an additional named insured with respect to each such policy and such endorsement
shall be reflected on a Certificate of Insurance to be delivered to the TOWN upon the execution of
this Agreement and at such times thereafter as the TOWN may reasonably request.
ARTICLE 7 - GENERAL PROVISIONS
7.1 Upon the expiration or the termination of this Agreement for any reason, all data, drawings,
specifications, reports, estimates, summaries and other work product which have been accumulated,
developed or prepared by the CONTRACTOR (whether completed or in process) shall become the
property of the TOWN upon payment for such to the CONTRACTOR and the CONTRACTOR
shall immediately deliver or otherwise make available all such material to the TOWN.
7.2 Neither party may assign, transfer or otherwise dispose of this Agreement or any of its rights
hereunder or otherwise delegate any of its duties hereunder without the prior written consent of the
other party, and any such attempted assignment or other disposition without such consent shall be
null and void and of no force and effect.
7.3 Except as otherwise expressly provided in this Agreement, any decision or action made by the
TOWN relating to this Agreement, its operation, amendment or termination, shall be made by the
Board, Committee or Authority of the TOWN specified in the initial paragraph of this Agreement,
unless specifically authorized or delegated by a lawful vote of such body.
7.4 This Agreement, together with Exhibit A (Contractor, Scope of Work, Term), Exhibit B
(Payments), and Exhibit C (Tax Compliance Certificate), and any additional exhibits referred to
therein, constitute the entire agreement of TOWN and CONTRACTOR with respect to the matters
set forth therein and may not be changed, amended, modified or terms waived except by a writing
signed by TOWN and CONTRACTOR. If there is any conflict among the terms set forth in the
body of this Agreement and the terms or provisions set forth in Exhibit A or Exhibit B, or in any
other attachment hereto, or in any other document or law incorporated by reference herein, such
conflict shall be resolved by giving precedence to the party's address above by certified mail, return
receipt requested Terms or provisions contained in the following documents in accordance with the
following hierarchy, with the topmost document of the highest priority:
A. Applicable federal, state and local laws, rules and regulations.
B. Amendments to this Agreement, if any.
C. Exhibits A and B.
D. This Agreement.
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
E. Any other attachments to this Agreement.
To the extent the conflict is not resolved by applying the above hierarchy, the conflict shall be
resolved in a manner that results in the highest quantity and best quality of goods and services to
the TOWN.
7.5 This Agreement is governed by the law of The Commonwealth of Massachusetts and shall be
construed in accordance therewith. The parties agree that exclusive jurisdiction for any action
arising out of or relating to this Agreement shall lie with the state and federal courts having
jurisdiction over the county and state in which the Town is located and the parties hereby
irrevocably waive, to the fullest extent permitted by law, any objection which they may now or
hereafter have to the venue of any proceeding brought in such location and further irrevocably
waive any claims that any such proceeding has been brought in an inconvenient forum.
7.6 Any notices required or allowed shall be to the person's address above by certified mail, return
receipt requested.
7.7 Notwithstanding anything to the contrary in this Agreement, this Agreement is subject to the
appropriation and availability of funds.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
CONTRACTOR:
TOWN OF NANTUCKET,
MASSACHUSETTS:
DATE: _______________________
C. Elizabeth Gibson
Town Manager
DATE: ______________
Funding Org/Obj:
______________________ FEIN:
Approved as to Funds Available: Purchase Order # _____________________
Brian E. Turbitt, Director of Municipal
Finance or Bob Dickinson, Assistant Town
Accountant
DATE:____________________
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
CONTRACT EXHIBIT A
CONTRACTOR, TERM, COMPLETION
1. Name of Contractor:
2. State of Incorporation:
3. Principal Office Address:
4. Person, Department, or Committee, if any, to whom CONTRACTOR reports (§ 2.2):
5. Term of Agreement (§3.1):
6. Completion Date (§3.2):
7. Additional Insurance Coverage (§6.2(e)):
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
CONTRACT EXHIBIT B
SCOPE OF SERVICES, DOCUMENTS INCORPORATED BY REFERENCE
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
CONTRACT EXHIBIT C
PAYMENTS
1. Lump Sum Method
a. Maximum Project Amount:
b. Payment Increments: CONTRACTOR shall submit monthly invoices based on a
percentage of work complete work as delineated in a progress report accompanying each
invoice for approval and processing by the TOWN.
c. Reimbursable Expenses (if any): None.
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
CONTRACT EXHIBIT D
TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. 62C, Sec.49A, the undersigned certifies under the penalties of perjury that
it, to the best knowledge and belief of management, has filed all state tax returns and paid all state
taxes required under law (if any, are so required).
By:
Name
Date
FEIN:
STANDARD TON CONTRACT – AWARDED BIDDER WILL BE ASKED TO SIGN
CONTRACT EXHIBIT E
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 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 person signing contract
_________________________________
Name of Business