2023 Wastewater Pump Station Instrumentation and Communication Project.pdf

TOWN OF WILBRAHAM

2023 WASTEWATER PUMP STATIONS

INSTRUMENTATION AND COMMUNICATION PROJECT

The Town of Wilbraham invites a quote for the Wastewater Pump Stations Instrumentation and Communication Project.

Prevailing State Minimum Wage Rates must be complied with as per MGL Ch 149 section 26-27d. These wage rates are contained within the contract documents. Quotes are due by Wednesday January 25, 2023 at 3:00 p.m. and must be emailed to tcapparello@wilbraham-ma.gov.

SECTION A: INSTRUCTIONS TO CONTRACTORS

1. Indemnification:

The Contractor will defend, indemnify, and hold harmless the Town of Wilbraham, its officers, agents, servants and employees against any and all claims, demands, liabilities, losses, damages and expenses the Town of Wilbraham, its officers, agents, servants and employees may incur arising out of or in any way connected with the Contractor's operation of its facility or the Contractor's performance of or failure to perform its obligations under this contract.

2. Insurance:

The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its subcontractors, employees or agents in the performance of, or as a result of, the work under this procurement. The contractor and any subcontractors used will be required to certify that they are insured for workers compensation, property damage, personal and product liability. All certificates of insurance shall include the Town of Wilbraham as an additional named insured and shall require a thirty day notice of cancellation to the Town. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts indicated below:

General Liability

Bodily Injury Liability ........................ $1,000,000 per occurrence

Property Damage Liability .................. $500,000 per occurrence

(or combined single limit) ................... $1,000,000 per occurrence

Automobile Liability

Bodily Injury Liability ........................ $1,000,000 per occurrence

Property Damage Liability .................. $500,000 per occurrence

(or combined single limit) ................... $1,000,000 per occurrence

Workers Compensation

Coverage for all employees in accordance with Massachusetts General Laws

3. Sales Tax Exemption:

The Town of Wilbraham is exempt from state sales tax under the Sales Act, chapter 14 of the Acts of 1966 and all amendments thereto. This may be considered when forming contract prices.

4. Assignment and Organization Changes:

a. The Contractor shall not assign, sub-contract, or in any way transfer any interest in this contract in whole or in part, or delegate any of the work to be performed hereunder to any other person, firm, company, corporation, or organization without the permission of the Town. The Contractor shall not assign any moneys due, or to become due to him under this Contract, without prior written consent of the Town.

b. The bankruptcy, takeover or merger, outright purchase, majority stock purchase by another organization, or other change in ownership or status of the Contractor, or any assignment for the benefit of creditors, shall at the election of the Town:

1) Terminate this Contract with all pertinent contractual conditions contained herein affected in favor of the Town;

2) Fully obligate the newly formed organization, corporation, and/or legal entity to fulfill all terms and conditions of the Contract, and to perform or supply items in accordance with the specifications or descriptions contained herein.

c. Failure of any subcontractor to perform shall not relieve the Contractor of its obligations to fulfill all terms and conditions of the Contract as set forth herein.

5. Cancellation/Default:

a. The failure of either party to fulfill a material obligation of the agreement, which continues for thirty days after written notice, the falseness of any statement by the Contractor in its bid documents, the institution by or against the Contractor of any bankruptcy, receivership or insolvency proceedings, or the making of an assignment for the benefit of its creditors, shall constitute an event of default. Upon an event of default, the other party to the contract may terminate the contract, in addition to all other remedies to which it may be entitled by law or in equity, including without limit all rights the Town may have to the bond required hereunder.

b. The failure of the Town at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the Town to enforce same, nor shall waiver by the Town of any breach of said provisions be taken to be a waiver of said provisions or any subsequent breach of said provisions.

6. Severability:

If any portion of this Contract is found to be unenforceable or contrary to law, it shall not affect the validity of the remainder of the Contract.

7. Amendment:

The documents expressly incorporated herein comprise the parties' entire contract and there are no other agreements between the parties. Any amendments to the contract must be in writing and signed by the duly authorized representatives of the parties.

8. Price:

Bidders shall submit an hourly rate based on estimated total hours for work on all the pump stations derived from historical data. Parts and equipment materials markup price must not exceed 8%. Billable travel time is limited to 1.5 hours round trip.

All prices shall remain firm and in effect throughout the period of the contract.

9. Contract Award:

The Board of Selectmen are the Awarding Authority. The contract will be awarded to the lowest qualified, responsive and responsible bidder based on straight time labor cost. The Town reserves the right to award the contract to multiple bidders if there is a tie in the bid item price. The Town reserves the right to reject one or more of the bids.

10. Payment:

a. The Contractor shall bill the town the Total agreed bid price, minus any amounts paid at the initiation of the contract, by written invoice submitted to the Town of Wilbraham upon delivery and acceptance by the town. All such bills, following review and approval, will be paid by the town within forty-five days from receipt. Certified payroll must be included with the invoice.

b. The Town may retain or set-off any moneys which would otherwise be payable hereunder and apply as much as may be deemed necessary to the payment of any expenses, losses, or damages directly or indirectly resulting to the Town in connection with the Contractor's failure to faithfully perform this Agreement. In addition, in the event that claims are made against the Town, its officers, agents, or servants as a result of such failure to perform this Agreement, the Town may at its option retain until such claims are settled so much of such moneys as the Board of Selectmen shall be of the opinion will be required to settle such claims. Any moneys kept hereunder shall be deemed not due and payable to the Contractor until final disposition of any such expenses, losses, damages or claims.

11. Testing:

The Town of Wilbraham may employ an independent expert to examine the work to determine if it meets the specifications set forth herein. If upon examination said independent expert finds any component(s) which does not meet specification, the costs incurred by the town in employing such independent expert shall be deducted from the bid contract price. Further, such non-compliance shall be rectified by replacement of the component, or if deemed by the independent expert to be a non-correctable deviation, or one which component replacement would result in lower quality equipment, the entire procurement shall be rejected.

SECTION B: SPECIFICATIONS

1. The intent of this specification is to establish contractual price agreements for the work of the below listed Wilbraham wastewater pump stations:

A. River Road (56 River Rd) B. WWTP 2480 Boston Road C. WWTP Clarifiers Recirculation Pumps D. Cottage Avenue (3I Cottage Ave) E. Wilbraham-Monson Academy (399 Main St) F. Mile Tree (621 Main Street) G. Linwood Drive (39V Linwood Dr) H. Fernwood Drive (30 Fernwood Dr) I. WellFleet Drive (11V Wellfleet Dr) J. Dudley Street (19 Dudley St) K. Post Office Park (65 Post Office Park) M. Spectacle Pond Recreation Center (2540 Boston Rd) N. Town Hall (240 Springfield St)

Work generally includes but is not limited to work on existing and new pump stations to include but limited to installing, troubleshooting and repairing the causes of malfunctioning or inoperable pump station equipment, float or transducer replacement, instrument and communication system work or installation.

The contractor must have technicians that are proficient in the installation and troubleshooting of Mission Control Units, instrumentation and communication equipment and experience working with associated electrical components. Major electrical work will be completed by a licensed electrician coordinated by the Town. Contractor must have general knowledge and ability to do incidental mechanical work.

The Town reserves the right to hire outside contractors to perform work on specialized equipment or projects if deemed to be in the best interest of the Town.

The Town reserves the right to add or remove pump station locations within the Town boundary.

2. RESPONSE TIME

The Contractor must be onsite to address emergency repair work within two hours of notification unless additional time is granted by the Town.

Critical repair work must be completed within 5 business days of the notification unless additional time is granted by the Town.

Scheduled work must be completed within 30 days of notification unless additional time is granted by the Town.

3. HOURS OF WORK

It is required that the contractor maintain an emergency repair and telephone callback service available to the Town on a twenty-four (24) hours per day basis, seven (7) days per week; including holidays.

If determined by the Town not to be an emergency, it is intended that the contractor shall accomplish the majority of work during normal business hours and on a straight time basis. Straight time hours will be considered to be 7:00 AM to 3:30 PM, Monday through Friday.

Work shall not be accomplished on an overtime basis unless prior approval has been obtained from the Town.

4. SUB-CONTRACTING

Contractor shall not sub-contract any portion of the work unless approved by owner. The contractor must use in-house employees to complete the work unless approved by owner. Prior to the award of this contract the Town reserves the right to request a list of all employees and qualification/experience anticipated to work under this contract.

5. INSPECTION

The Town reserves the right to inspect any and all work either in progress or completed and if found unsatisfactory and/or in conflict with their provisions set forth in this contract, hold back payment for work completed, provided however, that the Contractor has been given proper notification and allowed a sufficient amount of time to correct the aforementioned condition.

6. PARTS

At the option of the Town, the Contractor may be required to use parts furnished by the Town or the Contractor may be required to provide the parts. All work shall have a minimum of one (1) year workmanship and installation warranty. Should the Contractor be required to provide the parts, they must provide a one (1) year warranty and may be required to provide proof that the material used is of the design and quality required for the service intended.

7. ESTIMATE – LABOR & PARTS ACQUISITION

Seventy five (75) hours of Instrument and Communication Labor includes but is not limited to installation, troubleshooting and repairing the causes of new, malfunctioning or inoperable pump station equipment, float or transducer replacement, Mission Control and control panel repair or installation.

The total number of hours listed above is for all the pump stations combined.

Straight time is the hourly rate with a vehicle between 7:00 am-3:30 pm. Overtime rates are considered 1-1/2 times the hourly rate with a vehicle. All work must be completed during normal business hours on straight time unless approved by the Town. Billable travel time is limited to 1.5 hours round trip.

The acquisition of repair parts and equipment shall be estimated at $15,000 before resale with an 8% or less markup to the Town. The Town reserves the right to supply parts and equipment.

8. LENGTH OF CONTRACT

The contract shall be for one (1) year from the contract dated by the Town and Contractor. The contract may be extended for up to two (2) additional 12-month periods at the sole discretion of the Town of Wilbraham to ensure full completion of the project.

9. CANCELLATION OF CONTRACT

The Town of Wilbraham reserves the right to cancel and terminate the contract in part or whole when funds are not appropriated or otherwise made available to support the continuation of the contract. The contract may also be canceled in the event that the services provided by the Contractor prove to be unsatisfactory.

10. BASIS FOR AWARD OF CONTRACT

The contract will be awarded to the lowest qualified, responsive and responsible bidder based on straight time labor cost. The Town reserves the right to award the contract to multiple bidders if there is a tie in the bid item price. The Town of Wilbraham reserves the right to reject any and all bids in its sole discretion if it deems it in the best interest of the Town.

11. CONTRACTOR KNOWLEDGE

The Town reserves the right to request references and documentation of applicable licenses and experience.

Contractor must comply with all state, federal and local regulations. Prevailing State Minimum Wage Rates must be complied with as per MGL Ch 149 section 26-27d.

. Contractor must be certified for confined space entry and possess all necessary equipment to enter these spaces.

The Contractor shall possess or have access to all necessary tools and equipment to complete the repairs or installation.

SECTION C: QUOTE FORM

Wilbraham Wastewater Pump Stations

Instrumentation and Communication Project

The contract will be awarded to the lowest qualified, responsive and responsible bidder based on straight time labor cost. The Town reserves the right to award the contract to multiple bidders if there is a tie in the bid item price.

ITEM PRICING:

Instrumentation and Communication Labor Costs Straight Time $________________ per hour x 75 hours =

Parts and Equipment (estimated $15,000) not to exceed 8% markup.

Billable travel time is limited to 1.5 hours roundtrip.

The hours above are only estimates based on historical needs. The work in this contract will only be performed on an as needed and requested basis.

There is no guarantee that the estimated hours of work above will be performed.

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Prevailing Wages