25-0044 FY26 Paper Towel _ Toilet Paper Products.pdf

TOWN OF WEST SPRINGFIELD

INVITATION FOR BIDS

CONTRACT AGREEMENT

FOR

IFB # 25-0044

FY26 PAPER TOWEL & TOILET PAPER PRODUCTS

INVITATION FOR BID

LEGAL ADVERTISEMENT 3

IFB REQUIREMENT SUMMARY 4

GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS 5

PURCHASE DESCRIPTION 8

QUALITY REQUIREMENTS 9

RULE FOR AWARD 9

ADDITIONAL CONTRACT TERMS AND CONDITIONS 10

BID FORM 11

BIDDER INFORMATION 14

REFERENCE FORM 15

CERTIFICATE OF NON-COLLUSION 17

TAX COMPLIANCE CERTIFICATION 18

BID SIGNATURE PAGE (Individual) 19

BID SIGNATURE PAGE (Partnership) 20

BID SIGNATURE PAGE (Corporation) 21

APPENDIX A: CONTRACT & GENERAL CONDITIONS

Town of West Springfield

Jaime Flores 26 Central Street, Suite 32 Procurement Administrator West Springfield, MA 01089

(413) 495-1732 | jflores@tows.org

LEGAL ADVERTISEMENT

INVITATION FOR BID

The Town of West Springfield, through its Central Maintenance Department, is seeking bids from qualified vendors for the purchase of toilet paper and paper towels for Fiscal Year 2026. All bids for this project are subject to the provisions of M.G.L. Chapter 30B.

Specifications may be obtained from:

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids

Any questions concerning this IFB must be sent in writing by 4:00 PM on May 15, 2025 to Jaime Flores, Procurement Administrator at jflores@tows.org.

All Bids shall be sealed and addressed to: Jaime Flores, Procurement Administrator, 26 Central Street, Suite 32, West Springfield, MA 01089. Sealed proposals will be received in the Law Department until

10:00 AM on June 4, 2025.

There is also a special mailbox set up in the lobby of the Town Hall labeled “bids” for bidders who wish to physically drop off their bids. All electronic bids can be submitted at https://www.bidnetdirect.com/massachusetts/townofwestspringfield

This contract will be awarded only to a responsive and responsible bidder whose bid meets all of the requirements in the specifications. The contract shall be awarded by the Chief Procurement Officer, which reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all proposals or to take whatever action may be deemed to be in the best interest of the Town of West

Springfield. Bids will remain firm for sixty (60) days following the opening of proposals.

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids mailto:jflores@tows.org

IFB REQUIREMENT SUMMARY

Bid Title FY26 Paper Towel & Toilet Paper Products

Bid Number 25-0044

Release Date April 29, 2025

Questions Due May 15, 2025 by 4:00 PM

Bids Due June 4, 2025 at 10:00 AM

Services Start Date July 1, 2025

Required Submittals

Bid Form

Reference Form

Certificate of Non-Collusion

Tax Compliance Certification

Bidder Information

Applicable Signature Page

Addendum Acknowledgement (if applicable)

I. GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS

A. Questions from Prospective Proposers - Questions concerning this Invitation for Bid must be submitted in writing to: Town of West Springfield Attn: Jaime Flores, 26 Central

St, Suite 32, West Springfield, MA 01089 or jflores@tows.org before 4:00 PM on May

15, 2025. Questions may be delivered, mailed or emailed. Written responses will be emailed to all proposers on record as having picked up the IFB.

B. Time and Date Bids Must be Delivered - Sealed bids will be received in the Legal

Department until 10:00 AM on June 4, 2025. NO BIDS WILL BE ACCEPTED AFTER THE

TIME AND DATE SPECIFIED. All bids shall be sealed and addressed to: Jaime Flores, Procurement Administrator, Town of West Springfield, 26 Central Street, Suite 32, West

Springfield, MA 01089.

SPECIAL INSTRUCTIONS FOR BID PACKAGE DELIVERIES: If the proposal is to be dropped off in person, it may be left in the bid box in the lobby of Town Hall or delivered to the

Legal Department on the third floor. Please leave yourself ample time before the deadline time to deliver your proposal

All electronic bids will be received until the same time and date listed above. They can be submitted at: https://www.bidnetdirect.com/massachusetts/townofwestspringfield

Do not submit an electronic and hard copy proposal.

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

D. Addenda - If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed to all proposers on record as having downloaded the IFB. Addenda will also be posted to the Town’s Website and Bidnetdirect.

E. Number of Copies of the Proposal Required - The bidder shall submit one (1) original copy of their bid.

F. Bid Envelope - The sealed bid envelope should be marked: "IFB #25-0044: FY26 Paper

Towel & Toilet Paper Products".

1. A bid by an individual shall show his name and official address.

2. A bid by a partnership must be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign. His title must appear under this signature and the official address of the partnership shall be shown.

3. A bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of a resolution of mailto:jflores@tows.org the board of directors authorizing the person signing the Quote to do so on behalf of the corporation. The corporate seal shall be affixed and attested to by the secretary. The state of incorporation and the official corporate address shall be shown.

G. Bids Must Be Signed By Authorized Individuals - All bids must contain the bid signature page. Faxed proposals will not be considered. A proposal must be signed as follows:

1. If the bidder is an individual, by him/her personally;

2. If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; or

3. If the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

H. Required Forms - The bid must include

1. Bid Form

2. Reference Form

3. Certificate of non-collusion

4. Tax compliance certificate

5. Bidder Information

6. Applicable Signature Page

7. Addendum Acknowledgement (if applicable)

I. Bid Opening - Bids will be opened on 10:00 AM on June 4, 2025 at Town Hall located at

26 Central Street, 3rd Floor, West Springfield, MA 01089.

J. Maximum Time for Proposal Acceptance - The contract will be awarded within thirty

(30) days after the proposal opening. The time for award may be extended for up to thirty (30) additional days by mutual agreement between the Town and the responsive and responsible proposer offering the most advantageous proposal as determined by the chief procurement officer.

K. Modifying or Withdrawing Bids - A bidder may correct, modify, or withdraw a bid by written notice received by the Town prior to the time and date set for the bid opening.

Bid modifications must be submitted in a sealed envelope clearly labeled "Modification

No. __." Each modification must be numbered in sequence, and must reference the original IFB. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town 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 the face of the bid document, the mistake will be corrected to reflect the intended correct 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 document, but the intended correct bid is not similarly evident.

L. Right to Cancel or Reject Bids - The Town may cancel this IFB, or reject in whole or in part any and all bids, if the Town determines that cancellation or rejection serves the best interest of the Town.

M. Bid Prices - All bid prices submitted in response to this IFB must remain firm for sixty

(60) days following the bid opening.

N. Unexpected Closures - If, at the time of the scheduled proposal opening, the Municipal

Office Building is closed to the public, due inclement weather or another unforeseeable event, the bid opening will be extended until 10:00 AM on the next business day. Bids will be accepted until that date and time.

O. Contract Execution - When the Town gives a Notice of Award to the Successful Bidder, It shall be accompanied by the required number of unsigned counterparts of the

Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, the Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to the

Town. Within ten days thereafter, the Town shall deliver one fully signed counterpart to the Successful Bidder with a complete set of the Drawings with appropriate identification

P. Example Contract - An example contract is included in this bid package; this contract is included as a fair representation of the contract under which the Successful proposer will work. Please notice the Contract Agreement incorporates by reference all terms, specifications, and conditions of the proposal. There will be no modifications allowed to the Town’s Contract.

Q. Change Orders - Change orders are not effective until, if, as and when signed by the

Mayor and no work is to commence until the change orders are fully executed.

R. Sales Tax Exemption - Materials and equipment purchased for permanent installation in this project will be exempt from Massachusetts Sale and Use Tax. The exemption certificate number will be furnished to the Contractor. Each bidder shall take exemption into account in calculating their bid for the work.

II. PURCHASE DESCRIPTION

A. Purchase Description

The Town of West Springfield, through its Central Maintenance Department, is seeking bids from qualified vendors for the purchase of toilet paper and paper towels for Fiscal

Year 2026. The Town currently consumes approximately 900 cases of paper towels and

500 cases of toilet paper across all municipal and school buildings.

The Town currently uses the following products:

Toilet Paper

● SCA 12024402 Mini Jumbo Rolls or equal

2 ply

751 ‘per roll

2.3 “core diameter

3.6 “width

Color White

12 rolls / case

Green Seal certified

Paper Towels

● Revo #225810 hard wound towel roll, White

800’ per roll

6 rolls / case

● ECOSOFT #31300 “Starcut “ roll towels or equal

8” x 800 ‘ roll

2” core

6 rolls / case

Brown color

Green Seal certified

Paper towels are to be bid with a dispenser plan at no additional cost included for the full term of the contract.

B. Deliveries

Deliveries are to be made to each location between the hours of 7:00 AM and 3:00 PM.

The custodian on duty must be contacted and accept delivery. Deliveries cannot be dropped off and left unattended.

All deliveries must take place within 7 days of the order date. Each individual school shall have a 10 case minimum of any combination of supplies.

Delivery locations are:

● West Springfield Central Maintenance Office - 514 Amostown Rd, West

Springfield

● West Springfield High School - 425 Piper Rd, West Springfield

● West Springfield Middle School - 31 Middle School Dr, West Springfield

● Tatham Elementary - 61 Laurel Rd, West Springfield

● Philip G. Coburn Elementary - 115 Southworth St, West Springfield

● Mittineague Elementary - 26 2nd St, West Springfield

● Memorial Elementary - 201 Norman St, West Springfield

● Fausey Elementary - 784 Amostown Rd, West Springfield

● John Ashley - 88 Massasoit Ave, West Springfield

C. Substitute and “Or Equal” Items

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents. Other brands will be accepted provided they meet the same specifications and dispensers are replaced/supplied at no additional cost.

D. Pricing

Pricing is to remain the same throughout the duration of the contract, through June 30, 2026. No price adjustments will be allowed.

E. Samples

Full case samples must be provided by 3:00 PM on May 29, 2025. Samples should be delivered to 514 Amostown Rd, West Springfield, MA 01089 Atten: Bill Manley. The sample delivery should clearly list the company’s name on the package.

III. QUALITY REQUIREMENTS

Bidders must provide all items and services as described in Section II: Purchase Description and comply with Section I requirements.

IV. RULE FOR AWARD

The contract will be awarded to the responsive and responsible bidder offering the lowest total price for all items in accordance with specifications as required in this bid.

V. ADDITIONAL CONTRACT TERMS AND CONDITIONS

A. The Town reserves the right to cancel the contract upon written notice.

B. Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected as informal by the Procurement Administrator.

C. Conditional bids will NOT be accepted.

D. As the Town of West Springfield is exempt from the payment of Federal Excise Taxes, and

Massachusetts Sales Tax, prices quoted herein are not to include these taxes.

E. The supplier will be bound by all applicable statutory provisions of law of the Federal

Government, the Commonwealth of Massachusetts, and the Town of West Springfield

F. The vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the Town.

G. The selected consultant will be required to execute the standard Town of West

Springfield contract (attached as Appendix A) without modifications.

BID FORM

FY26 PAPER TOWEL & TOILET PAPER PRODUCTS (IFB #25-0044)

Bidder Name:

A. Pursuant to and in compliance with your Invitation for Bids 25-0044 and other documents relating thereto, the undersigned hereby proposes to furnish all the labor, materials, equipment and insurance required for or in connection with the Town of West Springfield, Massachusetts, in strict accordance with the Specifications for the sum specified below.

B. The undersigned offers and agrees, if this bid be accepted, within 30 days from the date of opening to provide and furnish any and all items upon which prices are quoted, at the price set opposite each item. The prices shall cover all labor, materials, insurance, transportation and other necessary expenses to fulfill the conditions of the contract within the time stated.

C. The successful bidder will produce and furnish the approximate quantities of items shown below in a manner prescribed hereunder. These item quantities are being given as a basis for the comparison of the bids only, and the Town of West Springfield does not expressly or by implication agree that the actual quantities to be purchased will correspond therewith, but reserves the right to increase or decrease the quantities of all items as may be deemed necessary or expedient by the Town of West Springfield.

D. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed form of contract, the standard specifications and plans therein referred to and the Special Provisions hereto attached; and he proposes and agrees, if this proposal is accepted, that he will contract with the Town of West Springfield, in the form of contract contained herein, and that he will take in full payment the unit prices attached to this Bid Form.

E. The undersigned agrees that if within 0 days subsequent to the date of the opening of bids, notice that this proposal will be accepted by the Town of West Springfield shall be mailed to him at the at the business address given below, or shall be delivered to him, he will, within ten (10) days thereafter, deliver to the Town of West Springfield, where directed, a contract conforming to that annexed, properly executed in such number of counterparts as may be required by the

Town of West Springfield, with such changes therein as shall have been made by the Town of

West Springfield prior to the time named for delivery of this proposal, together with a payment bond of a surety company, which surety company shall be authorized to transact business in the

Commonwealth of Massachusetts and duly qualified therefore, the premiums for which are to be paid by the Contractor and are included in the contract sum.

F. The undersigned guarantees that if awarded the contract, they will supply the products through

June 30, 2026.

G. In submitting this bid, it is understood that the Town of West Springfield reserves the right to reject any or all bids and to waive any informalities in bidding, if it be in the public interest to do

so. It is also agreed that this bid may not be withdrawn for a period of thirty (30) days following the date of opening the bids, without the consent of the Town of West Springfield.

Item Description & Unit Price in Words

Unit Est.

Qty

Unit Bid Price

(In Figures)

Total in Dollars

SCA 12024402 Mini Jumbo Rolls

Dollars

And Cents

Case 500 $ $

ECOSOFT #31300 “Starcut “ roll towels

Case 700 $ $

Revo #225810 hard wound towel roll, White

Case 200 $ $

*Alternative Product if not providing

Revo

Product:

Case 200 $ $

Total Bid (In Numbers)

Total Bid (In Words)

Authorized Signature:

Print Name:

Title:

Date:

BIDDER INFORMATION

Bidder Name:

Number of years vendor has been in business under present business name:

Number of years bidder has sold paper products:

Has the contractor been involved in a Chapter 11 bankruptcy proceeding within the past ten years?

Has the contractor ever failed to complete any work awarded?

Has the contractor been involved in non-accident related litigation in the past five years?

Has the contractor been involved in any formal legal action pertaining to contracts in the past five (5) years?

Has the contractor been involved in any “quasi-judicial” action involving contracts within the last five years?

IF YES TO ANY OF THE ABOVE, PLEASE PROVIDE ADDITIONAL DETAILS (ATTACH ADDITIONAL SHEETS IF NEEDED); FOR LITIGATION AND LEGAL ACTION PLEASE SPECIFY ALL PARTIES INVOLVED AND THE

RESOLUTION OF THE MATTER:

REFERENCE FORM

Bidder Legal Name:

List all contracts held for the last 5 years that are similar in size and scope to this project that can be contacted regarding your work. The following information shall be included for each customer listed.

Customer:

Contact Name:

Customer Address:

Contact Phone No.:

Contact Email:

Dates of Contract:

Description of Services Provided:

Customer Address:

Contact Phone No.:

Contact Email:

Dates of Contract:

Customer Address:

Contact Phone No.:

Contact Email:

Dates of Contract:

Customer Address:

Contact Phone No.:

Contact Email:

Dates of Contract:

Customer Address:

Contact Phone No.:

Contact Email:

Dates of Contract:

**Attach Additional Sheets As Needed**

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this proposal 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.

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 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.

BID SIGNATURE PAGE (Individual)

Bidder Legal Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Individual Authorized to Sign:

Title of Individual Authorized to Sign:

Signature Date

BID SIGNATURE PAGE (Partnership)

(must be signed by ALL general partners)

Partnership Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Names of All Partners:

Partner Signature Date

BID SIGNATURE PAGE (Corporation)

Name of Corporation:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Duly Authorized Corporate Officer:

Title of Duly Authorized Corporate Officer:

Signature of Duly Authorized Corporate Officer Date

Signature of Clerk Date

Affix Corporate Seal Please furnish the following additional information:

State of Incorporation:

President Name:

Treasurer Name:

Secretary Name:

If you are a foreign (out of state) corporation, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03?

_______ Yes _______ No

If you are selected for this work, you are required, under M.G.L. Chapter 30 §391, to obtain from the Secretary of State, Foreign Corporation Section, a certificate stating that your corporation is registered, and to furnish said certificate to the Town of West Springfield before award.

APPENDIX A: CONTRACT & GENERAL CONDITIONS

CONTRACT & GENERAL CONDITIONS

FOR GOODS & SERVICES

Contract Number:

Town Department:

Contractor Name:

Contractor Address:

Contractor City, State, Zip:

Contractor Contact Person:

Contact Phone Number:

Contact Email:

Bid Number (if applicable):

Contract Start Date:

Contract End Date:

Extension Options:

Purchase Order Number:

Goods/Services Being Purchased:

This Contract is made as of the date written above by and between the TOWN OF WEST SPRINGFIELD, a Massachusetts municipal corporation with a principal office at 26 Central Street, West Springfield, Massachusetts 01089 (hereinafter the “Town”) and the Contractor listed above (hereinafter the “Contractor”). In consideration of the mutual covenants contained herein, the parties agree as follows:

1. PURCHASE DETAILS.

A. Description of Purchase. This is a Contract for procurement of the goods or services described in the quote/scope of work attached as Exhibit A, and includes any delivery, installation, setup or other requirements detailed therein.

B. Contract Price. The total price to be paid to the Contractor by the Town is:

C. Payment Terms. The Contractor shall, in the absence of a payment schedule, periodically submit to the Town invoices, itemizing goods, services, labor and expenses for which compensation is due and requesting payment for goods received or services rendered by the Contractor during the period covered by the invoice. The amounts due under such invoice shall be payable within thirty (30) days after the Town’s receipt of such invoice. Invoices shall not be issued in advance and the Contractor may only invoice for services actually rendered or goods and materials actually delivered, in an amount not to exceed the amount shown on the face of this Contract.

D. Contract Term & Extensions. This Contract shall be substantially complete by the Contractor on or before the date specified above unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time stated in the Contract Documents is of the essence of the Contract. By executing this Contract, the Contractor confirms that the contract time is a reasonable period of time for delivery of the goods.

2. ACCEPTANCE OF GOODS. All goods shall be received subject to the Town’s right of inspection and rejection. If the Town finds goods and services furnished to be incomplete or not in compliance with the Town’s specifications, the Town, at its sole discretion, may either reject the goods or services, require Contractor to correct any defects without charge, or negotiate with Contractor to reduce the price, whichever the Town deems appropriate under the circumstances.

3. CONTRACT DOCUMENTS. “Contract” and “Contract Documents” shall include, in the following hierarchy of document precedence, as applicable: this Contract & General Conditions; instructions to bidders; general specifications; other specifications included in the Town’s invitation for bids or request for proposals; addenda issued during the bidding period; and contractor’s proposal, which documents are incorporated herein by reference. In the event of conflicting provisions, the provisions most favorable to the Town shall govern.

4. SUBJECT TO APPROPRIATION. Notwithstanding anything in the Contract Documents to the contrary, any and all payments that the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Chief Financial Officer.

5. CONTRACTOR’S BREACH AND THE TOWN’S REMEDIES. Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town shall have all the rights and remedies provided in the Contract and Contract Documents, including, but not limited to, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity, or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above.

6. CLAIMS BY CONTRACTOR AND LIABILITY OF THE TOWN. All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this Contract regardless of the submission or existence of any claims. The liability of the Town under this Contract is limited to the compensation provided herein for goods actually delivered to the extent that such compensation is permitted by law. The Town’s liability shall in no event include liability for incidental, special or consequential damages or lost profits or for damages of loss from causes beyond the Town’s reasonable control. To the full extent permitted by law, no official, employee, agent or representative of the Town of West Springfield shall be individually or personally liable on any obligation of the Town under this Contract. Acceptance by the Contractor of payment from the Town for final services under this Contract shall be deemed to release forever the Town from all claims and liabilities, except those which the Contractor notifies the Town in writing within six (6) months after such payment.

7. TERMINATION. The Town may terminate this Contract for cause if the Contractor has breached any material term or condition and has not corrected the breach within a reasonable period of time after written notice from the Town identifying the breach. This Contract may be terminated at any time for the convenience of the Town by delivering or mailing to the Contractor a written notice of termination setting forth the date, not less than seven (7) days after the date of such delivery or mailing, when such termination shall be effective. In the event of such termination for convenience, the Contractor shall be compensated for goods delivered to the effective date of said termination in accordance with the rates of compensation specified in this Contract. The Parties agree that if the Town erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty

(30) days after such notice of termination for cause is provided.

8. STATUTORY COMPLIANCE. The Contractor agrees to comply with all applicable local, state and federal laws, regulations and orders relating to the completion of this Contract. This Contract shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.

A. Conflict of Interest. Both the Town and the Contractor stipulate to the applicability of the State Conflict of Interest Law (Massachusetts General Laws (“M.G.L.”) Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the law’s applicability to the performance of this Contract, and, by executing the Contract, the Contractor certifies to the Town that neither it nor its agents, employees, or Subcontractors, are in violation of Massachusetts General Laws Chapter 268A.

B. Certification of Tax Compliance. Pursuant to M.G.L. c. 62C, § 49A, the Contractor certifies under penalties of perjury, that to the best of Contractor’s knowledge and belief, Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

C. Certification of Non-Debarment or Suspension. Pursuant to M.G.L. c. 29, § 29F, the Contractor certifies under penalties of perjury, that to the best of Contractor’s knowledge and belief that neither it nor any of its subcontractors are currently debarred or suspended by the U.S. government, the Commonwealth of Massachusetts, or any of its subdivisions. Furthermore, if, during the duration of this contract, the Contractor becomes suspended or debarred, the Contractor shall notify the Town in writing within five (5) days of such occurrence.

D. Amendments & Change Orders. If applicable, any amendments and/or change orders made to this Contract must be made in writing and signed by both Parties and may not increase the price of the contract by more than twenty-five percent (25%) of the original maximum Contract price, pursuant to M.G.L. c. 30B, § 13.

9. ASSIGNMENT. Assignment of this Contract is prohibited without the prior written approval of the Mayor.

10. INDEMNIFICATION. The Contractor shall defend, indemnify and hold harmless the Town and its officers, agents, and all employees from and against claims arising directly or indirectly from this Contract. Contractor shall be solely responsible for all local taxes or contributions imposed or required under the Social Security, Workers’ Compensation, and income tax laws. Further, the Contractor shall defend, indemnify and hold harmless the Town with respect to any damages, expenses, or claims arising from or in connection with any of the work performed or to be performed under this Contract. This shall not be construed as a limitation of the Contractor’s liability under the Contract or as otherwise provided by law.

11. INSURANCE. Contractor shall maintain adequate insurance in any and all forms to protect both Contractor and the Town against all liabilities, losses, damages, claims, settlements, expenses, and legal fees arising out of or resulting from performance of this Contract. 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 Contract. The Contractor shall where applicable take out and maintain during the term of this Contract such Worker’s Compensation insurance as may be reasonably necessary to protect the Contractor from claims under Massachusetts General Laws Chapter 152.

If the Contractor is providing services, the Contractor and any subcontractors used hereby certify that they are insured for workers’ compensation, property damage, and personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated.

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

Professional Liability Insurance Minimum Coverage $1,000,000 per occurrence

Workers’ Compensation Insurance Coverage for all employees in accordance with Massachusetts General Laws.

Prior to commencement of any work under this Contract, the Contractor shall provide the Town with Certificates of Insurance which include the Town as an additional named insured and which include a thirty day notice of cancellation to the Town.

12. INDEPENDENT CONTRACTOR. The Contractor acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Contract and shall not be considered an employee or agent of the Town for any purpose.

13. NOTICES. Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same.

Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed.

Notice to the Contractor shall be deemed sufficient if sent to the address on the face of this Contract. Notice to the Town shall be deemed sufficient if sent to the Town of West Springfield, Attn: Town Attorney, 26 Central Street, Suite 32, West Springfield, MA 01089.

14. MISCELLANEOUS PROVISIONS

A. Forum and Choice of Law. This Contract shall be governed, interpreted and construed under the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. The Parties agree that any dispute or litigation arising in whole or in part hereunder shall, at the option of the Town, be litigated in any state or federal court of competent subject matter jurisdiction sitting in Hampden County, Massachusetts.

B. Entire Agreement. This Contract represents the entire agreement between the Contractor and the Town, and supersedes any prior agreements whether oral or written. This Contract may be amended only by a written instrument executed by both the Contractor and the Town.

C. Severability. If any provision of this Contract shall be found invalid for any reason, such invalidity shall be construed as narrowly as possible and the balance of the contract shall be deemed to be amended to the minimum extent necessary to provide to the parties substantially the benefits set forth in this Contract.

D. Counterparts and Electronic Signatures. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Contract may also be executed by facsimile, email, or other electronic means, and so executed shall have the full force and legal effect as an original.

[Signatures on Following Page]

IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed by their agents hereunto duly authorized as of the dates written below.

THE CONTRACTOR THE TOWN OF WEST SPRINGFIELD

By: By: William C. Reichelt Its: Its: Mayor/Chief Procurement Officer

Date Date

Certified as to Appropriation

Chief Financial Officer/Town Accountant

Department Head

BIDDER INFORMATION

REFERENCE FORM

CERTIFICATE OF NON-COLLUSION

APPENDIX A: CONTRACT & GENERAL CONDITIONS