22DPW206G Sewer Vactor Services IFB.docx

Town of Needham Department of Public Works Public Services Administration Building, 500 Dedham Avenue Needham, Massachusetts 02492 Telephone (781) 455-7550

ACKNOWLEDGEMENT OF RECEIPT

Please provide the requested information below as acknowledgment that you have received our bid package noted above. It is recommended that interested bidders complete this acknowledgment and return via email to dpwadmin@needhamma.gov or fax to the Department of Public Works at (781) 449-9023. Only by doing this, will the Town be able to provide notification of any addenda or answered questions relating to this bid. Only those companies or individuals shown on the Distribution Register will receive addenda to this bid. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register. Proposals from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Number of Company or Individual

Name / Title of Contact

Address

City/Town, State, Zip Code

Telephone Number

Fax Number

Email Address

Signature

Date

Addenda will be posted to the Town’s website. Please check the website for addenda before submitting your bid to the Town. Bidders who access the bid package from the Town’s website are responsible for checking the website periodically for any addenda that may be issued by the Town.

Sewer Vactor Services

22DPW206G

Director of Finance and Administration

PSAB

500 Dedham Ave.

Needham, MA 02492

(Advertised in the Needham Times issue of Thursday, February 17, 2022) (Advertised on the MNPA’s website, Thursday, February 17, 2022) (Published in Goods and Services issue of Monday, February 14, 2022) (Advertised in CommBuys on Thursday, February 17, 2022)

LEGAL NOTICE

Town of Needham Invitation for Bid (IFB)

22DPW206G

Sewer Vactor Services

The Town of Needham is accepting sealed bids for Sewer Vactor Services. Copies of the Invitation for Bid (IFB) package will be available beginning February 17, 2022 at the Administration Office of the Public Works Department, 500 Dedham Ave., Needham, MA 02492 between the hours of 8:30 A.M. – 5 P.M, or from the Town’s web site www.needhamma.gov/bids.aspx and will be available until submission deadline. Sealed bids must be submitted no later than 12:00PM, March 10, 2022 to the Administration Office of the Public Works Department, Town of Needham, 500 Dedham Ave., Needham, MA 02492. LATE BIDS WILL NOT BE CONSIDERED. Bids will be publicly opened after submission deadline.

A pre-bid conference will be held at 2:00PM on February 22, 2022 in person at 500 Dedham Ave, Needham, MA. Please email afagan@needhamma.gov with your intent to attend the pre-bid. There will be an opportunity to visit each pump station if necessary, coordinated through our Water and Sewer Superintendent.

Kate Fitzpatrick Town Manager February 17, 2022

IFB 22DPW206G

Index

Acknowledgement of Receipt

PART 1 – GENERAL CONDITIONS AND REQUIREMENTS

1. About Needham

2. Intent

3. Quantities

4. General Contract Terms

5. Questions

6. Information about Changes to the Bid (Addenda)

7. Bid Deposits and Bonds

8. Minimum Wage Rates (Prevailing Wages)

9. Payment and Discount Terms, Adjustments for Incomplete or Unacceptable Work

10. Bid Modifications or Withdrawals

11. Premature Opening of a Bid

12. Unexpected Closure or Delays

13. Late Submissions

14. Rejection of Bids

15. Taxes

16. Public Records

17. Conflict of Interest

18. Other Notices

19. Pre-Bid Conference

20. Tie Breaker Rule

21. Contract Award

22. Submission Requirements

PART 3 – CHECKLIST AND REQUIRED FORMS FOR SUBMISSION

1. Checklist

2. Bidder Information Response

3. Certificate of Good Faith

4. Certificate of Compliance with Massachusetts Tax Laws

5. Certificate of Authority

6. Professional Reference Form

7. Non-Submittal Response Form

8. Bid Price Form

Appendices

· Specimen Agreement Separate Document

IFB 22DPW206G

Procurement in Brief

781-455-7550 x229

By Mail: DPW - 500 Dedham Ave., Needham, MA 02492

By Email: dpwadmin@needhamma.gov By Fax: 781-449-9023 Questions are to be clearly labeled as: QUESTIONS - Sewer Vactor Services, 22DPW206G

LATE BIDS WILL NOT BE CONSIDERED

Approval of Town Manager and Town Counsel is REQUIRED

Upon Award of Contract

* Facsimile transmissions for written inquiries must be sent prior to the above date and time deadlines. Any hand delivery or facsimile received after the due date and time will not be addressed. The time/date stamp machine located in the receiving office will govern for the date and time requirements mentioned in the table above and throughout this document. Please allow enough time for hand delivery or facsimile transmissions.

** The time for award may be extended by the Town. The Town reserves the right to change, delay, cancel, or expedite the contract award date. The Bidder agrees that the offer is effective for (a) at least ninety (90) calendar days from the opening date of the bids (b) a contract is executed, or (c) this bid is cancelled, whichever of (a), (b) or (C) occurs first. The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

PART 1 – GENERAL CONDITIONS AND SUBMISSION REQUIREMENTS

1.01 About Needham

The Town of Needham is located in Norfolk County, 10 miles southwest of Boston. It is bordered on the west and northwest by the Town of Wellesley, on the north and northeast by the City of Newton, on the east by the West Roxbury section of the City of Boston, on the southeast by the Town of Dedham, and on the south by the Towns of Westwood and Dover. Needham has a population of 28,886 (2010 Federal Census) and occupies a land area of approximately 12.75 square miles. Established as a town in 1711, Needham is governed by a representative form of town meeting and a five-member Board of Selectmen. The day-to-day management is under the direction of a Town Manager. School affairs are administered by a seven-member School Committee and a Superintendent of Schools. The Town is classified as an economically developed suburb with above average wealth levels and higher education attainment. The Town has an “AAA” credit rating from Standard and Poor’s.

The Town provides a full range of governmental services including police and fire protection, emergency medical services, collection, disposal, and recycling of solid waste, sewers, streets, water services, health and human services, town library, and recreation. The Town also provides public education in grades kindergarten through twelve. The Town operates 1 pre-school, 5 elementary schools (K – 5), 1 sixth-grade center, 1 middle school (7 - 8), and a senior high school (9 – 12). Technical education is offered to grades nine through twelve by the Minuteman Regional Vocational Technical School District. The total expenditures in the most recent fiscal year exceeded $160 million.

1.02 Intent

The Town of Needham is circulating this Invitation for Bids (IFB) with the intention of acquiring bids for Sewer Vactor Services. All bids are subject to the provisions of M.G.L. Chapter 30B. The Town will award the contract to the lowest responsive and responsible bidder. The Town of Needham reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities. Such actions will be deemed to be in the best interests of the Town. Unless sooner rejected or accepted, all bid proposals must be firm and continue in effect for ninety calendar days (90) following the date of bid opening.

The intention of this IFB is to provide services as needed.

1.03 Quantities

Unless otherwise stated, the quantities set forth herein are ESTIMATES ONLY. Any quantities indicated on the Bid Price Form or elsewhere in the bid package are estimates only and are given solely as a basis for the comparison of bids. The Vendor shall have no claim for additional compensation, or refuse to do the work called for, or provide the requested items, by reason of the actual quantities involved being greater or lesser by any amount than those called for in the bid.

1.04 General Contract Terms

The successful Bidder must enter into the Form Agreement prepared by Town Counsel (Sample Available Online). In accordance with Massachusetts General Laws, the contract continuation beyond first year is subject to annual appropriation and/or availability of funding.

The Town may terminate the Contract at any time upon written notice for any reason including its own convenience or for cause, including but not limited to, failure to perform the work required under the contact, failure to document satisfactorily to the Town amounts being charged, failure to have any necessary local, State or Federal licenses and/or permits, failure to pay any and all required taxes, failure to comply with any local, State or Federal regulations pertaining to services to be provided, failure to promptly correct any performance or lack of performance which conflicts with the Town's use, and failure for satisfactory behavior of all staff and management. In the case of a termination for cause, the Town shall give the Contractor a written notice as provided in the Agreement.

1.05 Questions Regarding Bid

The Bidder shall be satisfied as to the requirements to enable intelligent preparation of your bid. The Bidder shall be familiar with all the Bid material requirements and documents before submitting the bid in order that no misunderstanding shall exist. Bidders shall promptly raise the issue of any ambiguity, inconsistency or error, which they may discover upon examination of the bid documents, specifications, services, work site or any other conditions which may apply. No allowance will be made for any claim that the bid is based on incomplete information.

Inquiries concerning any part of this Bid shall be directed to the individual(s) listed under the Procurement in Brief. Bidders should note that oral communications are not binding on the Town and only written responses by the Town will be considered. All requests/questions must be submitted in writing. Questions may be delivered by hand, fax or email as referenced under the Procurement in Brief by the deadline. Questions that may be asked during any pre-bid conference should also be sent in writing in order to receive an official response. Requests properly presented that in the opinion of the Town require interpretation, correction, or change in the Bid Documents will result in an issuance of an Addendum to the Bid Documents. Such Addendum shall subsequently become part of the contract. The Town will forward responses to all persons who are on record as receiving the bid package. Questions received after the due date will not be responded to unless the Town determines it is necessary. Bidders, please allow enough time for hand delivery or facsimile transmissions.

1.06 Information about Changes to the Bid (Addenda)

In the event that changes/additions are made to this bid, an addendum will be issued to every person (entity) on record as receiving the bid package. Addenda will be emailed, if an email address was not provided, then it will be faxed. If a fax number was not provided, then the addenda will be mailed. Addenda will also be posted to the website. Please check back on the website for addendums before submitting your bid to the Town. Bidders may not be notified individually of Addendums.

1.07 Bid Deposits, Bonds, Insurance, and Indemnification

Refer to the Procurement in Brief section to see whether bid deposits, surety, payment and/or performance bonds are required.

Insurance Bidder awarded a contract under this bid must provide proof of insurances in at least the minimum amounts required in the contract and when requested shall name the Town of Needham as an additional insured for the amounts written.

The Bidder awarded a contract shall deposit with the Town Certificates of Insurance for the coverage required, in form and substance satisfactory to the Town, and shall deliver to the Town new policies and certificates thereof for any insurance about to expire at least ten (10) days before such expiration. All such insurance policies shall contain an endorsement requiring thirty (30) days written notice to the Town prior to cancellation of change in coverage, scope or amount of any such policy or policies. Compliance by the Bidder with the insurance requirement, however, shall not relieve the Bidder from liability under the indemnity provisions.

Indemnification

The Bidder shall indemnify, defend, and save harmless the Town and all of the Town’s officers, agents and employees from and against all suits and claims of liability of every name and nature, including costs of defending any action, for or on account of any injuries to persons or damage to property of the Town or any person, Contractor, corporation or association arising out of or resulting from any negligent act, omission, or negligence of the Bidder, its subcontractors and its and their agents or employees in the performance of the work covered by the Contract and/or failure to comply with terms and conditions of the Contract, but only in respect of such injuries or damages sustained during the performance and prior to the completion and acceptance of the work covered by the Contract and to the extent such injuries or damages are not covered by the Town’s insurance. The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by the Bidder under the Contract.

1.08 Prevailing Wages

The state prevailing wage law, MGL Chapter 149, Section 27B requires contractors and subcontractors to submit certified payroll records to the Town. Contractors and subcontractors must submit weekly payroll records either by (1) first class mail, or (2) electronic mail. Furthermore, every weekly submittal of payroll records must contain a signed statement by the employer that indicates (1) that the records are correct, and (2) the rate of wages that each worker receives. Please feel free to contact the Department of Labor Standards at (617) 626-6953 if you have any questions. Questions about enforcement of the prevailing wage law may be directed to the Attorney General’s Fair Labor and Business Practices Division at (617) 727-3465.

1.09 Payment and Discount Terms, Adjustments for Incomplete or Unacceptable Work

Payment and Discount Terms

Payment terms for the Town of Needham are net 30 days. Indicate discounts, if any, for payments made less than 30 days. The Prompt Payment Discount “Clock” begins at the date of receipt of the invoice, or the date of the receipt of the product or service, whichever occurs later.

The unit bid price shall be the basis for payment for purchased items or services. Payment shall be based on the items or services purchased. Invoicing may be performed after delivery, work has been completed, or monthly, for items or services that have been fulfilled.

Invoices are to itemize charges for labor, equipment, and supplies. The Town will not be responsible for payment of any charges not itemized to the Town’s satisfaction. Pre-payment is NOT allowed. Invoices must include the Town’s purchase order number. The Purchase Order number will change with each fiscal year.

Invoices for additional services must include the date and times of the work, the type of the services performed, the number of hours or units to be charged, and the name of the person who authorized the work. They are to be sent in duplicate directly to the Town’s designee for processing and are not to be included on the regular monthly invoice.

Adjustments for Incomplete or Unacceptable Work

The Town reserves the right to withhold payment for incomplete or unacceptable work, as outlined in this IFB. The Town shall provide notice of any work that is deemed to be incomplete or unacceptable, for which the Vendor shall rectify that condition to the satisfaction of Town. The Town will also reduce the bill for any services deemed unsatisfactory. At no time will penalty assessment be recoverable by the Vendor.

The Vendor shall take all proper precautions to protect Town and private property from damage and/or loss. Should any damage to, and/or loss of, property be caused by the Vendor, the Vendor will be required to make repairs and/or restitution immediately at its expense.

1.10 Bid Modifications or Withdrawals

Bids may be corrected, modified, or withdrawn prior to the submission deadline; requests to do so must be received in writing to the Town Manager. After the submission deadline, bids may not be changed. Minor mistakes may be waived by the Town.

1.11 Premature Opening of a Bid

The Town will not be responsible for the premature opening of any bid not properly identified. The Town may reject bids which are incomplete, not properly endorsed, or signed, or which otherwise are contrary to these instructions.

1.12 Unexpected Closure Or Delays

If, at the time of the scheduled bid submission deadline, the designated location for delivery of the bid is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation or other the deadline will be postponed until the same time on the next normal business day. Bids will be accepted at the same location until that date and time.

1.13 Late Submissions

The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems. LATE BIDS WILL NOT BE CONSIDERED.

1.14 Rejection of Bids

The bid must satisfy all the requirements in order to be considered for award. Failure to complete the required forms, answer any questions, or provide the required documentation will be deemed NON-RESPONSIVE and result in rejection of the bid unless the Town determines that such failure constitutes a minor informality that can be corrected without prejudice to other Bidders. A bid may be rejected if the Bidder:

· Fails to adhere to one or more of the provisions established in the bid package;

· Fails to submit its bid by the time or in the format specified herein or to supply the minimum information requested herein;

· Fails to submit its bid to the required address on or before the specified submission deadline;

· Misrepresents its service or provides demonstrably false information in its bid or fails to provide material information.

1.15 Taxes

Purchases made by the Town are exempt from the payment of all Federal excise tax and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the bid prices. If requested, the Town will provide the awarded bidder with a copy of the Certificate of Exemption.

1.16 Public Records

Under the Massachusetts General Laws, the Town cannot assure the confidentiality of any materials or information that may be submitted by a contractor in response to this Bid. Thus contractors who choose to submit confidential information do so at their own risk. All bids or other materials submitted by the contractor in response to this Bid will be open for inspection by any person and in accordance with Massachusetts General Laws, Chapter 66 (Public Records Law). Any statements reserving any confidentiality or privacy rights in the submitted responses or otherwise inconsistent with these statues will be void and disregarded.

1.17 Conflict of Interest

By execution of a contract with the Town of Needham, the Bidder acknowledges that the Town of Needham is a municipality for the purposes of Massachusetts General Laws, Chapter 268A (the Massachusetts conflict of interest statute), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.

1.18 Other Notices

The consideration of all bids and subsequent selection of the successful applicant shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin.

The Bidder shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws, Chapter 151B).

The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful Bidder may receive or award as a result of this contract.

Any services provided by the Bidder shall be rendered through a professional services contract; the Bidder will not be considered an employee of the Town and will not receive any benefits of an employee.

The Bidder shall comply with Massachusetts General Laws, Chapter 66A if the Bidder becomes a "holder" of "personal data". The Bidder shall also protect the physical security and restrict any access to personal or other Town data in the Bidder's possession, or used by the Bidder in the performance of the Contract, which shall include, but is not limited to the Town's public records, documents, files, software, equipment or systems.

1.19 Pre-Bid Conference

Refer to Procurement in Brief for details, if any.

1.20 Tie Bid

In the event that there is a tie bid between two (2) responsive and responsible bidders, the award of the contract will be determined by a coin toss. The bidder’s whose submission was received earliest shall be assigned “Heads” in the coin toss. In the event that there is a tie bid with three (3) or more responsive and responsible bidders, the award shall be made by a draw by lot limited to those bidders. The coin toss/draw by lot shall be scheduled within two (2) business days from when it was determined by the Town to be a tie bid. The bidders involved shall be given an opportunity to attend. The coin toss/drawing shall be witnessed by at least three (3) Town officials. The tie breaker event shall be held at the Needham Town Hall during regular business hours.

1.21 Contract Award

The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

The contract will be awarded to the responsive and responsible bidder offering the lowest price. There will be only one contract awarded under this bid.

The Town herein declares its express purpose not to award the contract to any Bidder unable to furnish evidence, satisfactory to the Town, that it has sufficient ability, experience, and capital to execute and complete the work in accordance with the contract. If requested, any Bidder may be required to demonstrate financial stability satisfactory to the Town.

The Town Manager is the awarding authority for the contract. Further the contract will not be binding until it has been approved as to form by Town Counsel. Award, payment and performance obligations shall depend on the availability and appropriation of funds.

The Town reserves a period up to ninety (90) calendar days following the opening of the bids in which to evaluate and award the contract.

Upon bidder selection, the Town of Needham will mail or email the contract to be executed by the Bidder, who will returned the required number of copies with the required insurances and bonds. The Town of Needham will then counter-sign the contracts and will return one complete contract to the Bidder. Unless otherwise noted by the Town, the terms and conditions contained therein are NOT negotiable.

1.22 Submission Requirements

Quality Requirements

· All bidders must furnish proof of a minimum of three (3) continuous years in business.

· All bidders must provide owner contact information for five (5) projects of similar nature and scope completed within the last five (5) years.

· The bidder shall submit their proposal upon the bid forms supplied within these specifications. The bidder shall specify the unit prices as requested for each bid item. All bids shall be signed correctly with ink; in order to qualify, the bidder must provide bids for each required item within a section.

Submission Requirements

1. The bid is to be submitted and addressed as follows: Director of Finance and Administration, PSAB, 500 Dedham Ave., Needham, MA 02492.

2. The bid is to be clearly marked: IFB 22DPW206G, Sewer Vactor Services.

3. Bidder must acknowledge all addenda related to this IFB, if any.

4. Bidder must submit a completed Bid Form A: Bid Form or an exact copy, signed by an individual authorized to negotiate for and contractually bind the Bidder. All prices must be reflective of all costs for delivery. No price adjustments will be allowed. Fuel surcharges or vehicle surcharges or adjustments will not be allowed.

5. Bidder must submit a completed Bid Form B: Bidder Information Response form.

6. Bidder must submit a completed Bid Form C: Authentication Form.

7. Bidder must submit a signed Bid Form D: Certificate of Good Faith.

8. Bidder must submit a completed Bid Form E: Certificate of Compliance with Massachusetts Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

9. Bidder must provide the required number of references. For each, provide the following: a contact person and title, customer’s name, address, telephone number, email, and a brief description of the actual services provided (sample format included in bid package).

10. Bidder must submit a completed Bid Form F: Certificate of Authority (attached) or Corporate Resolution; if applicable.

11. Bids must be received and time stamped no later than the deadline stated in the Procurement Schedule (Where and When Bids are Due). LATE BIDS WILL NOT BE CONSIDERED.

12. A Bid Deposit is NOT required.

13. Delivery will be at the expense of the Bidder. Any and all damages that may occur due to packaging or shipping will be at the sole responsibility of the Bidder.

14. Any additional requirements as required in the Scope of Service.

The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

PART 2 – SCOPE OF SERVICES OR PRODUCT SPECIFICATIONS

2.01 General

The contractor shall provide all labor, equipment, and materials necessary to clean and respond to emergencies at the ten-sewer pump station wet wells in Town. Additionally, the contractor shall provide all labor, equipment, and materials to clean sewer manholes, drain manholes, excavation sites, test pits, trenches, and other areas that may be affected by sewer backups requiring cleaning or vacuuming.

Contractors will also have to provide service of flushing the sewer lines once work has been complete if necessary.

2.02 OSHA Training

The bidder certifies that all employees to be employed at the worksite shall be OSHA-40 Certified at the time the employee begins work and shall furnish documentation of successful completion of said course with the first certified payroll report for each employee. This also includes annual refreshers in accordance with OSHA 29 CFR Part 1910.120.

In addition, field personnel shall be trained and equipped to perform confined space entry in accordance with OSHA 29 CFR Part 1910.146 and shall perform all such entries in accordance with Federal, State, County and City requirements, including those of the Occupational Safety and Health Administration (OSHA). Confined space entry permits will be completed prior to entry into any structure and shall be retained by the Contractor and made available to the Town upon request.

2.02 Hours of Work

Normal hours of work shall be between the hours of 7:00 am and 3:30 pm, Monday through Friday, unless otherwise specified. No work shall be performed on Saturdays, Sundays, Holidays, or any other times other than normal hours of work without express permission from the Director of Public Works or designee. All work in this contract will be identified by the Director of Public Works and shall be constructed in accordance to Town Specification or as directed by the Director.

2.03 Response Time

The contractor must designate an employee or contact with the authority to speak on behalf of the contractor for initiating requests for service. The Town will select a designee or designees to initiate work on behalf of the Town.

A request for service will be generated in writing (including email, mail, and fax) for work as scheduled. For emergency work, the first point of contact may be a phone call with a follow up written request.

Contractor must respond to emergency calls within two (2) hours after receipt of notification. Contractor must respond to on-call immediate response calls within forty-eight (48) hours after receipt of notification. Contractor must respond to scheduled work within forty-eight (48) hours after receipt of notification and schedule work to be completed within two (2) weeks.

Failure to meet these obligations may subject the contractor to penalties of $500 per business day for noncompliance. Failure to meet these objectives may subject the contractor to loss of contract and the contractor may assess the difference between their bid price and the next lowest responsible and eligible bidder.

2.04 Supervision

The contractor shall designate a project supervisor in writing upon a receipt of awarded contract. Any change in supervision shall require the prior approval in writing of the Director of Public Works or designee. Failure of the contractor complying with this requirement may result in the Town, after one written warning, and at its sole option, charging a penalty of $200 per day until an approved project supervisor is on site. The project supervisor shall be present at each project during the execution of work. Once project has begun, the contractor shall pursue and coordinate all work in a continuous and diligent manner until all work is completed, unless otherwise directed by the Director of Public Works or his designee. The contractor shall employ a minimum of one competent worker on site daily. Failure to comply with this requirement may result in a penalty of $200 per business day of noncompliance as determined by the Director of Public Works.

2.05 Specifications

The contractor shall remove all floatables (grease) and solids (sludge) from station wet wells, sewer manholes, drain manholes (both service/emergency), excavation (services/emergency), test pits, emergency trench excavation, and other related excavation areas.

The contractor shall flush the line when work at pump stations, sewer line, drain lines, excavation sites, and vactor service-related areas has been completed.

The Town has ten sewer pump stations:

Building Tanks

1. Great Plain Avenue

2. Kendrick Street

3. Reservoir Street B

4. West Street

Can Stations

1. Lake Drive

2. Milo Circle

3. Winding River Road

Outside Tanks

1. Alden Road

2. Reservoir Street A

3. Warren Street

The Vactor truck must utilize a Positive Displacement Blower that is capable of producing air flow of up to 5500 CFM of air flow and 28HG of vacuum.

A water source for the vactor truck is available at no charge to contractor.

The contractor must have an MWRA Septage Permit to dump liquids only from the cleanings into a designated manhole which discharges directly to the MWRA’s system. Grit, sediment and any other solids must be brought to another location for disposal. This permit is not required if the vendor will not be dumping into the Town’s sewer system.

PART 3 – CHECKLIST AND REQUIRED FORMS FOR SUBMISSION

22DPW206G

Company Name: __________________________________________________

· Bidder has completed and returned the Acknowledgment of Receipt form (via fax or email).

· Bidder has completed, signed, and enclosed the Bid Form A: Bid Price Form or an exact copy.

· Bidder has completed, signed, and enclosed the Bid Form B: Bidder Information Response form.

· Bidder has completed, signed, and enclosed the Bid Form C: Authentication Form.

· Bidder has completed, signed, and enclosed the Bid Form D: Certificate of Good Faith.

· Bidder has completed, signed, and enclosed the Bid Form E: Certificate of Compliance with Massachusetts Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

· Bidder has provided at least five references on the Bid Form F: Professional Reference Form of which at least three are governmental units (municipal/county/regional district/state agency/special district).

· If the bid submission is signed by someone other than the Owner/President of the company, a completed Bid Form G: Certificate of Authority of Corporate Resolution for the person who signed the proposal or a valid Corporate Resolution stating the individual has the authority to submit the proposal on behalf of the Company and can bind the Company to the contract if awarded.

· Bidder acknowledged all addenda, if any Addendum Number 1 dated ____________________ Addendum Number 2 dated ____________________ Addendum Number 3 dated ____________________ Addendum Number 4 dated ____________________ Addendum Number 5 dated ____________________

This form must be completed and filed with bid submission

Bid Form A: Bid Sheet

22DPW206G

*Labor prices must be inclusive of all costs to complete the work as outlined in the scope of work. Travel time in and out of Town should be built into the unit price for all bid items. No additional charge for hours or fees for travel time will be allowed.

Bidder Acknowledges Addenda #: _______________________________

Company Name: _________________________________________ Number of Years in Business: _____

Address: _________________________________________

Authorized Signature: _________________________________________

Printed Name & Title: _________________________________________

This form must be completed and filed with bid submission

Bid Form B: Bidder Information Response

Legal Name of the Bidder: ____________________________________________________________

Company Name: ___________________________________________________________________

Company Address: _________________________________________________________________

City State Zip: ____________________________________________________________________

Company Web Address: _____________________________________________________________

Company Telephone: ________________________ Company Fax Number: ____________________

State of Incorporation (Date): ________________________________________________________

If the bidder is a partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address.

Company Contacts – Required

Individual submitting the bid: (This is the individual who should sign the Certificate of Good Faith)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Individual to be contacted about the bid: (If different from the individual submitting the bid)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Best Times to Contact: _____________________________________________________________

Individual authorized to contractually bind the company: (This will be the individual whose name and title will appear in the contract documents and will execute the contract if the contract is awarded to the company)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Best Times to Contact: _____________________________________________________________

1. Has the bid been signed by a person legally authorized to commit the Bidder (Company) to the contract, if awarded? Yes No

2. Is the Bidder prepared to provide the insurances as required? Yes No

3. Has the Bidder placed any conditions or restrictions with its bid to the Town which conflict with the Scope of Services? (If yes, the bid may be deemed conditional.) Yes No

4. Has the Bidder identified any and all exceptions to the Town’s specifications and are they included in the submission? Yes No

5. Is the Bidder prepared to execute the Town’s contract, if awarded? Yes No

Signature of the Bidder: ______________________________________________________________

Printed Name and Title of Signatory: ____________________________________________________

Date: ________________

This form must be completed and filed with bid submission

Bid Form C: Authentication Form

The undersigned agrees that, if selected as the contractor for any or all of the above bid items, the contractor shall be obligated to provide those services in accordance with the terms of these specifications at the bid price upon receipt of a fully executed contract.

Name of Bidder: _________________________________________________________________

Address: _______________________________________________________________________

Authorized Signature: ____________________________________________________________

Printed Name and Title: ___________________________________________________________

Date: _______________________ Phone Number: _____________________________________

Fax Number: _________________________ Email: _____________________________________

This form must be completed and filed with bid submission

Bid Form D: Certificate of Good Faith

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CERTIFICATE OF GOOD FAITH

The undersigned hereby certifies that s/he will comply with all laws and regulations applicable to awards made subject to Massachusetts General Laws, Chapter 30B.

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.

Signature of individual submitting the bid or proposal

Individual Full Name (Print/Type)

Two Witnesses or Notary

OR

Commonwealth of Massachusetts County of ____________________

On this ____ day of ________, 20____, before me, the undersigned notary public, personally appeared _____________________(name of document signer), proved to me through satisfactory evidence of identification, which were _______________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose.

|_| as partner for ________________, a partnership.

|_| as _______________ for ______________, a corporation.

|_| as attorney in fact for ___________________, the principal.

|_| as _____________ for ________________, (a) (the) _____________________.

___________________________(official signature and seal of notary)

My commission expires: ______________________

This form must be completed and filed with bid submission

Bid Form E: Certificate of Compliance with Massachusetts Tax Laws

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Certificate of Good Standing issued by the Massachusetts Department of Revenue dated no earlier than 90 days before the bid submission deadline may be submitted in place of this certificate.

Pursuant to M.G.L. c.62C, §49A , the undersigned acting on behalf of the Contractor* certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.**

(1) Contractor: _______________________________________ Date: ______________________

Print Name: __________________________________________________________________

Social Security Number: ________________________________________________________

Corporation, Association, or Partnership: ___________________________________________

Federal Tax ID Number or Social Security Number: ___________________________________

(2) By: _____________________________________________ Date: ______________________ (Authorized Corporate Signature)

Name and Title: _______________________________________________________________

Note to Contractor***: Please sign at (1) or (2), whichever applies.

In order to comply with all laws of the Commonwealth relating to taxes, the undersigned certifies that Contractor (check applicable item):

1. _____ has filed all tax returns and paid all taxes required by law; or

2. _____ has filed a pending application for abatement of such tax; or

3. _____ has a pending petition before the appellate tax board contesting such tax; or

4. _____ does not derive taxable income from Massachusetts Sources such that it is subject to taxation by the Commonwealth

* As used in this certification, the word “Contractor” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

* The provision in this Certification relating to child support applies only when the Contractor is an individual.

*** Approval of a contract or other agreement will not be granted until the Town of Needham receives a signed copy of this Certification.

This form must be completed and filed with bid submission

Bid Form F: Professional References

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Customer: ________________________________________________________________________

Mailing Address: ___________________________________________________________________

Period of Service (MM/YYYY): ____________________ through ______________________________

Is this a Municipal or other Governmental Unit?: Yes No

Project Name: ______________________________________________________________________

Primary Contact: ___________________________________ Title: ____________________________

Telephone: _______________________________________________ Ext: _____________________

Email: _____________________________________________________________________________

Customer: ________________________________________________________________________

Mailing Address: ___________________________________________________________________

Period of Service (MM/YYYY): ____________________ through ______________________________

Is this a Municipal or other Governmental Unit?: Yes No

Project Name: ______________________________________________________________________

Primary Contact: ___________________________________ Title: ____________________________

Telephone: _______________________________________________ Ext: _____________________

Email: _____________________________________________________________________________

(Make as many copies as necessary. A minimum of 5 references required)

THIS FORM OR SUBSTITUTE WITH THE REQUESTED INFORMATION MUST BE FILED WITH BID SUBMISSION

Bid Form G: Certificate of Authority

Complete Only If Applicable

1. I hereby certify that I am the Clerk/Secretary of ___________________________ (insert full name of Corporation)

2. corporation, and that ________________________________________________ (insert the name of officer who signed the contract and bonds.)

3. is the duly elected __________________________________________________ (insert the title of the officer in line 2)

4. of said corporation, and that on __________________________________________ (insert a date that is ON OR BEFORE the date the officer signed the contract and bonds. ) at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that

of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.

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