27-17 Project Manual Newton MA.pdf

Project Manual #27-17 – Unidirectional Flushing Plan Implementation

CITY OF NEWTON

PURCHASING DEPARTMENT

CONTRACT FOR PUBLIC WORKS

PROJECT MANUAL:

Unidirectional Flushing Plan Implementation

INVITATION FOR BID #27-17

Bid Opening Date: October 8, 2026, at 10:00 a.m.

September 2026

Marc C. Laredo, Mayor

PROJECT MANUAL TABLE OF CONTENTS

UNIDIRECTIONAL FLUSHING PLAN IMPLEMENTATION

Page #

Cover Page 1 Table of Contents 2

Part 1 - Bidding Documents, Contract Forms, and Conditions of the Contract

1. - Invitation for Bid 3-4

2. - Instructions to Bidders 5-8

3. - Bid Form 9-10

Item Worksheets 11-12

4. - Bidder's Qualification Forms Bidders Qualification Form and References 13-15 Certificate of Non Collusion 16 Certificate of Tax Compliance 17 Certificate of Foreign Corporation 18 Debarment Letter for Contract 19 IRS Form W-9 20 Business Category Information Form 21 Vendor Payment Security Questionnaire 22-23

5. - Contract Forms (Informational only. Not required at time of bid submittal) 24

Contract Agreement 25-28 Certificate of Authority - Corporate 29 Payment Bond 30

6. - General Conditions of the Contract 31-40

7. - Wage Rate Requirements 41

Department of Labor Minimum Wage Rates 42-72 Notice to Awarding Authorities 73 Statement of Compliance 74 Weekly Payroll Report Forms 75

Part 2 - General Requirements and Project Specifications

1. - Division 1 – General Requirements 76-92

2. - Division 2 – Site Work 93-117

3. - Appendix A – Zone Maps 5 pages

4. - Appendix B – Flushing Sequence Maps Sample Set 7 pages

END OF SECTION

PURCHASING DEPARTMENT

INVITATION FOR BID #27-17

The City of Newton (City) invites sealed bids in accordance with M.G.L. c.30, , §39M from Contractors to

COMPLETE A UNIDIRECTIONAL FLUSHING PLAN IMPLEMENTATION

Bids will be received until: 10:00 a.m., Thursday, October 8, 2026 at the Purchasing Department, Room 108, Newton City Hall, 1000 Commonwealth Avenue, Newton, MA 02459. Bids will not be accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for receipt of bids. Immediately following the deadline, all bids received within the time specified will be publicly opened and read aloud.

Contract Specifications will be available online at the City’s website: www.newtonma.gov/bids 10:00 a.m., September 24, 2026.

There will be no charge for contract documents.

The work under this contract generally consists of completing a portion of the City of Newton Water Department Unidirectional Flushing Plan, which includes unidirectional flushing of approximately 29 miles of water main within four (4) flushing zones. Additional work includes valve replacement and minor repair of valves identified during the preliminary valve investigation as inoperable or due to damage identified during operation of the valve during implementation of the Unidirectional Flushing Plan.

Bids will be evaluated and awarded to the lowest responsive and responsible bidder for the total contract price. There must be a unit cost of each item. Bids that are received without unit costs for all line items may be considered non-responsive.

All bids shall be submitted as one (1) ORIGINAL and one (1) COPY.

The term of the awarded contract shall extend from date of contract execution through October 31, 2027. The City shall have the option at its sole discretion to extend the contract for two (2) additional one

(1) year term. The exercise of each option to renew shall be subject to appropriation and /or continuation of funding.

All bids shall be submitted as one (1) ORIGINAL and one (1) COPY. The City will award the contract to the lowest responsible and eligible bidder.

A bid deposit in an amount that is not less than five percent (5%) of the value of the bid, including all alternates, is required. Bid deposits, payable to the City, shall be either in the form of a bid bond, or cash, or a certified check on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company.

All bids are subject to the provisions of M.G.L. Chapter 30, Section 39M. Wages are subject to minimum wage rates determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L. Chapter 149, Sec. 26 to 27H. The schedule of wage rates applicable to this contract is included in the bidding documents. In addition, the prevailing wage schedule will be updated annually for all public construction projects lasting longer than one (1) year. You will be required to pay the rates set out in any updated prevailing wage schedule. Increases in prevailing wage schedules will not be the basis for change order requests. The successful bidder will be required to provide a Certificate of Insurance demonstrating current coverage of the type and amounts set forth in the Project Manual.

The successful bidder will be required to furnish a Labor and Materials Payment Bond in the amount of 50% of the contract total. The costs of any bond and any insurance required in this Invitation http://www.newtonma.gov/bids

For Bid are the responsibility of the bidder; such costs will not be reimbursed by City and should be included in your bid.

Bidders attention is directed to the requirements of the City of Newton Supplemental Equal Employment Opportunity, Anit-Discriminitation and Affirmative Action Program and also to the Minority/Women Business Enterprise Plan, December 1999, all of which are on the City of Newton Purchasing Department’s web page. In the event of conflict between any of the above listed policies, the stricter policy shall apply.

City of Newton bids are available on the City’s web site, www.newtonma.gov/bids. It is the sole responsibility of the contractor downloading these bids to ensure they have received any and all addenda prior to the bid opening. Addenda’s will be available online within the original bid document as well as a separate file. If you download bids from the internet site and would like to make it known that your company has done so, you may e-mail purchasing@newtonma.gov with your NAME, ADDRESS, PHONE, FAX AND INVITATION FOR BID NUMBER (27-17).

The City will reject any and all bids in accordance with the above referenced General Laws. In addition, the City reserves the right to waive minor informalities in any or all bids, or to reject any or all bids (in whole or in part) if it be in the public interest to do so.

Note that Massachusetts law may impose certain documentation requirements for public contracts, including but not limited to, contractor DCAMM certification, bid, performance and payment bonds, and non-collusion and tax certifications. A contract is not effective until it is signed by the City Mayor, and the Mayor will not sign until all documentation requirements have been met. Once an award is made, a contract must be executed promptly so the City can start scheduled work. The City cannot pay for work done without a contract. If a vendor unduly delays submitting all required paperwork, the City will be under no obligation to pay a vendor promptly even after a contract is effective, it could bar the vendor from future bids as not responsible and may require the City to obtain services from another vendor or contractor.

In the event that any person wishes to attend a bid opening or pre-bid meeting, accessible and reasonable accommodations will be provided to persons requiring assistance. If you need a reasonable accommodation, please contact the city of Newton’s ADA Coordinator, Jae Beal, at least two business days in advance of the meeting: jbeal@newtonma.gov or (617) 796-1440. For Telecommunications Relay Service, please dial 711.

Karen Munro

Chief Procurement Officer September 24, 2026 mailto:jbeal@newtonma.gov

CITY OF NEWTON

DEPARTMENT OF PURCHASING

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that:

1. The Bidder has read and understands the Bidding Documents, Contract Forms, General Conditions, Conditions of the Contract, General Requirements and Project Specifications (collectively, referred to as the “Contract Documents”) and the bid is made in accordance therewith.

2. The Bidder is familiar with the local conditions under which the work has to be performed.

1.2 Failure to so examine the Contract Documents or become familiar with local conditions will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - REQUEST FOR INTERPRETATION

2.1 Bidders shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Chief Procurement Officer, at purchasing@newtonma.gov or via facsimile (617) 796-1227. The City will only answer such requests if received Friday, Ocotober 2, 2026 at 12:00 noon. In the event that the bid opening date is changed, the deadline for informational requests may also change as provided in an addendum issued by the City.

2.3 Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The City will not be held accountable for any oral communication.

2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract

Documents. Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents. Receipt of all addenda issued must be acknowledged in the Bid Form. YOUR

FAILURE TO ACKNOWLEDGE ALL ADDENDA MAY RESULT IN YOUR BID BEING

REJECTED AS NON-RESPONSIVE.

2.5 Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract Documents are on file, in addition to being available online at www.newtonma.gov/bids.

2.6 Bidders or proposers contacting ANY CITY EMPLOYEE regarding an Invitation for Bid (IFB) or a

Request for Proposal (RFP), outside of the Purchasing Department, once an IFB or RFP has been released, may be disqualified from the procurement process.

2.7 Bidders downloading information off the internet web site are solely responsible for obtaining any addenda prior to the bid opening. If the bidder makes itself known to the Purchasing Department, at purchasing@newtonma.gov or via facsimile (617) 796-1227, it shall be placed on the bidder’s list.

Bidders must provide the Purchasing Department with their company’s name, street address, city, state, zip, phone, fax, email address and INVITATION FOR BID #27-17.

ARTICLE 3 - MBE PARTICIPATION

3.1 Notice is hereby given that the Mayor’s Affirmative Action Plan for the City of Newton in effect at the time of this solicitation is applicable to all construction contracts in excess of $10,000.00.

mailto:purchasing@newtonma.gov mailto:purchasing@newtonma.gov

3.2 Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan and the Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program in effect at the time of this solicitation are applicable to all City contracts for goods and services in excess of $50,000.00.

3.3 Copies of the Plans and Program referred to in Sections 3.1 and 3.2 are available at:

https://www.newtonma.gov/government/purchasing

ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids shall be submitted on the "Bid Form #27-17,” attached.

4.2 Bids must be submitted in sealed envelopes; emailed and faxed bids will be rejected as nonresponsive.

All entries on the Bid Form shall be made by typewriter or in ink.

4.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

4.4 Bid Deposits shall be submitted in the amount specified in the Invitation for Bids. They shall be made payable to the City and shall be either in the form of cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company, or a bid bond issued by a surety licensed to do business in the Commonwealth of Massachusetts; and shall be conditioned upon the faithful performance by the principal of the agreements contained in the bid. Bidders are reminded that the bid deposit covers the City for damages when a bidder withdraws its bid after the bid submisssion date. Be advised that to the extent permitted by the law the City will retain all bid deposits for withdrawn bids.

Bid deposits of the three (3) lowest responsible and eligible Bidders shall be retained until the execution and delivery of the City-Contractor agreement.

4.5 The Bid, including the bid deposit shall be enclosed in a sealed envelope with the following plainly marked on the outside:

* GENERAL BID FOR: #27-17

* NAME OF PROJECT: Unidirectional Flushing Plan Implementation

* BIDDER'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER

4.6 Date and time for receipt of bids is set forth in the Invitation for Bids.

4.7 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that Newton City Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next business day following that the Newton City Hall and the Purchasing Department are open.

4.8 Bids shall be submitted with one (1) original and one (1) copy.

4.9 Massachusetts law requires all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See M.G.L. c.30, §39M( c), M.G.L. c.30, §39S(a)(1), M.G.L. c.149, §44E(2) & M.G.L. c.149, §44F(2).

1. This requirement will apply to any general bid or sub bid submitted.

2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor who is in violation to this requirement and to restrain the performance of these contracts by non-complying contractors.

3. The contractor and all subcontractors on this project must certify on the Bid Form compliance with the applicable requirement. Non-compliance with this law will disqualify the bidder.

https://www.newtonma.gov/government/purchasing

ARTICLE 5 - ALTERNATES

5.1 Each Bidder shall acknowledge alternates (if any) on the Bid Form.

5.2 In the event an alternate does not involve a change in the amount of the base bid, the Bidder shall so indicated by writing "No Change", or "N/C" or "0" in the space provided for that alternate.

5.3 Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of the amount for work performed by the Contractor.

5.4 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.

ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or electronic request. Electronic withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and time set for receipt of bids.

6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

6.3 No bids may be withdrawn within sixty (60) days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

ARTICLE 7 - CONTRACT AWARD

7.1 The City is soliciting prices for materials and labor costs set forth in the Item Sheets, attached hereto at pp. 11-12 below. The Item Sheets list items in estimated quanties the prices of which also include installation. It is the City’s intent to award one (1) contract to the responsible and eligible Bidder offering the lowest Combined Total Cost in Bid Form #27-17. The contract will be awarded within sixty

(60) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

7.2 The City reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

7.3 The City reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

7.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the Bidder (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder.

7.5 Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City a contract in the form included in the Contract Documents in such number of counterparts as the City may require.

7.6 In the event that the City receives low bids in identical amount from two or more responsive and responsible Bidders, the City shall select the successful Bidder by a blind selection process chosen by the City such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

ARTICLE 8 - TAXES

8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

8.2 The City is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid. The City’s exemption Number is E-046-001-404.

ARTICLE 9 – PROPRIETARY SPECIFICATIONS

9.1 The City may have used a proprietary specification to describe the supply listed in the specifications.

Such specifications are permitted under M.G.L. c. 30, §39M(b), provided that the City state in writing that use of the proprietary specification is in its best interest and that it will accept an “equal” of the item specified. An item is considered equal if (i) it is at least equal in quality, durability, appearance, strength, and design; (ii) will perform the intended function at least equally; and (iii) conforms substantially, even with deviations, to the detailed requirements contained in the specifications. Bidders wishing to provide an equal item should do so with their bids. The City shall have the sole right to determine whether or not said item is equal.

9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, §10.

CITY OF NEWTON

FORM FOR GENERAL BID #27-17

WATER SERVICE LINE REPLACEMENTS

TO THE AWARDING AUTHORITY:

A. The undersigned proposes to furnish all labor and materials required for

UNIDIRECTIONAL FLUSHING PLAN IMPLEMENTATION

in Newton, Massachusetts in accordance with the accompanying plans and specifications prepared by the City of Newton for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda number(s) , , , , C. Prompt Payment Discounts. Bidders are encouraged to offer discounts in exchange for an expedited payment. Payments may be issued earlier than the general goal of within 30 days of receipt of the invoice only when in exchange for discounted prices. Discounts will not be considered in determining the low responsible bidder.

Prompt Payment Discount ___________%____________Days Prompt Payment Discount___________%____________ Days Prompt Payment Discount ___________%____________Days

D. The Proposed Contract Price is:

DOLLARS ($ ).

(The figure inserted above shall be the Total Bid Items 1-8 as computed on the Item Sheets at pp. 11- 12 below:)

COMPANY:

E. The undersigned has completed and submits herewith the following documents:

Bid Item Sheets, 2 pages Signed Bid Form, 2 pages Bidder's Qualifications and References Form, 3 pages Certificate of Non-Collusion, 1 page Certificate of Tax Compliance, 1 page Certification of Foreign Corporation (if applicable), 1 page Debarment Letter, 1 page IRS W-9 Form, 1 page Business Category Information Form, 1 page Vendor Payment Security Questionnaire, 1 page A five percent (5% bid deposit/bid guarantee)

F. The undersigned agrees that, if s/he is selected as general contractor, s/he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

The undersigned hereby certifies that s/he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that s/he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of M.G.L. Chapter 30, s 39M.

The undersigned certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (“OSHA”) that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States OSHA that is at least 10 hours in duration.

The undersigned understands that any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date _____________________ ________________________________________ (Name of Bidder)

BY: ____________________________________

(Printed Name and Title of Signatory)

(Business Address)

(City, State Zip)

(Telephone) (FAX)

(E-mail address)

NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; if an individual, give residential address if different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary.

ITEM WORKSHEETS

FOR PROJECT MANUAL #27-17

Each line item shall contain both a unit and total price. The Total Contract Price (total of all line items) shall be submitted in paragraph “D” of the BID FORM. Any bidder not completing paragraph “D” of the BID FORM may be considered non-responsive. Bidders must bid on ALL line items. Items are described in detail in the Specifications For Unidirectional Flushing Plan Implementation starting at p. 76 below.

The Item Worksheets are based on estimated quantities, which are the City’s best estimate based on prior experience. Actual quantities may be more or less than those estimated. Regardless of the amount of the actual quantities, the unit prices shall be those set forth in the Bidder’s Item Worksheets.

ITEM DESCRIPTION & BID PRICE Est.

Qty.

Unit Measure

Total Cost

ITEM: 1 – Flushing Assistance – Daytime Work

THE SUM OF:

________________________________________________ DOLLARS

AND____________________________________________ CENTS

($__________________________________) PER DAY

DAY

ITEM: 2 – Flushing Assistance - Nighttime Work

THE SUM OF:

_____________________________________________ DOLLARS

($__________________________________) PER DAY

DAY

ITEM: 3 – Gate Valve Nut Replacement

THE SUM OF:

_____________________________________________ DOLLARS

($__________________________________) PER EACH

EACH

ITEM: 4 – 6-inch Gate Valve Replacement

THE SUM OF:

_____________________________________________ DOLLARS

ITEM: 5 – 8-inch Gate Valve Replacement

THE SUM OF:

_____________________________________________ DOLLARS

ITEM DESCRIPTION & BID PRICE Est.

Qty.

Unit Measure

Total Cost

ITEM: 6 – 10-inch Valve Replacement

THE SUM OF:

_____________________________________________ DOLLARS

ITEM: 7 – 12-inch Valve Replacement

THE SUM OF:

_____________________________________________ DOLLARS

ITEM: 8 – Uniformed Police Officers

THE SUM OF:

TEN THOUSAND DOLLARS

AND ZERO CENTS

( $10,000.00 ) PER ALLOWANCE

ALL.

$10,000.00

TOTAL CONTRACT PRICE (Sum of Bid Items 1 – 8) $ _____

(Bidder must place the Total Contract Price in paragraph “D” of the Bid Form)

BIDDER'S QUALIFICATIONS AND REFERENCES FORM

Bidder must demonstrate qualifications to provide the material and perform the services set forth in the Summary of Work below. Each Bidder must be prepared to submit within five days after Bid opening, upon City’s (Owner’s) request, detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain evidence of Bidder’s qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of contract.

The Owner and/or the Engineer may make such investigation as deemed necessary to determine the ability of the bidders to perform the work, and the bidders shall furnish to the Owner all such information data for this purpose as the Owner may request.

No award will be made to any bidder who cannot meet all of the following requirements:

a. Shall not have defaulted on any contract within three years prior to the bid date.

b. Shall maintain a permanent place of business.

c. Shall have suitable financial status to meet obligations incident to the work.

d. Shall have appropriate technical experience satisfactory to the Owner in the class of work involved.

e. Shall be registered with the Secretary of State of the Commonwealth of Massachusetts to do business in Massachusetts.

f. Shall not have failed to perform satisfactorily on contracts of a similar nature.

g. Shall not have failed to complete previous contracts on time.

h. Shall have completed at least two similar projects involving Unidirectional Flushing

Plan implementation.

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME: ______________________________________________________________

2. WHEN ORGANIZED: ________________________________________________________

3 INCORPORATED? ____ YES ____ NO DATE AND STATE OF INCORPORATION: ______

4. IS YOUR BUSINESS A MBE? ___YES ___NO WBE? ___YES __NO or MWBE? __YES ___NO

5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND

ANTICIPATED DATE OFCOMPLETION:

6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU?

____ YES ____ NO IF YES, WHERE AND WHY?

7. HAVE YOU EVER DEFAULTED ON A CONTRACT? ______ YES ______ NO

IF YES, PROVIDE DETAILS.

8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS

COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A

MINIMUM OF FOUR (4) CONTRACTS SHALL BE LISTED. PUBLICLY BID CONTRACTS ARE

PREFERRED, BUT NOT MANDATORY.

PROJECT NAME:

OWNER: ________________________________________________________________________

CITY/STATE: _______________________________________________________________

DOLLAR AMOUNT: $ ______________________ DATE COMPLETED: ________________

PUBLICLY BID? ______YES ______ NO

TYPE OF WORK?: _____________________________________________________________

CONTACT PERSON: ______________________ TELEPHONE #: ____)_________________

CONTACT PERSON'S RELATION TO PROJECT?: _____________________________________

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: _________________________________________________________________

OWNER: _______________________________________________________________________

CITY/STATE: ____________________________________________________________________

DOLLAR AMOUNT: $ _______________________ DATE COMPLETED: ________________

PUBLICLY BID? ______YES ______ NO

TYPE OF WORK?: _______________________________________________________________

CONTACT PERSON: _________________________ TELEPHONE #: (____)________________

CONTACT PERSON'S RELATION TO PROJECT?: ______________________________________

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: _________________________________________________________________

OWNER: ________________________________________________________________________

CITY/STATE: ____________________________________________________________________

DOLLAR AMOUNT: $ ________________________ DATE COMPLETED: _________________

PUBLICLY BID? ______YES ______ NO

TYPE OF WORK?:

CONTACT PERSON:___________________________ TELEPHONE #:

CONTACT PERSON'S RELATION TO PROJECT?:____________________________________

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: _______________________________________________________________

OWNER: ______________________________________________________________________

CITY/STATE: __________________________________________________________________

DOLLAR AMOUNT: $ ________________________ DATE COMPLETED: ________________

PUBLICLY BID? ______YES ______ NO

TYPE OF WORK?: _____________________________________________________________

CONTACT PERSON: _______________________ TELEPHONE #:(____)_________________

CONTACT PERSON'S RELATION TO PROJECT?: ______________________________________

(i.e., contract manager, purchasing agent, etc.)

10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this statement of Bidder's qualifications and experience.

DATE: ____________ BIDDER: ________________________________________

SIGNATURE: ____________________________________________

PRINTED NAME: ____________________________________ TITLE: ______________________

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and 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 or individuals.

(Signature of individual)

Name of Business

CERTIFICATION OF TAX COMPLIANCE**

Pursuant to M.G.L. c.62C, §49A and requirements of the City, 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.*

Signature of Individual (Mandatory) *** Contractor's Social Security Number or Federal Identification Number

Print Name:___________________________ Date:__________________________________

Corporate Name

By: ________________________________ Date: ___________________________________ Corporate Officer (Mandatory, if applicable)

Print Officer Name:__________________________

* 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 City receives a signed copy of this

Certification.

*** Your social security number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended.

CERTIFICATE OF FOREIGN CORPORATION

The undersigned hereby certifies that it has been duly established, organized, or chartered as a corporation under the laws of:

(Jurisdiction)

The undersigned further certifies that it has complied with the requirements of M.G.L. c. 30, §39L

(if applicable) and with the requirements of M.G.L. c. 156D, §15.03 relative to the registration and operation of foreign corporations within the Commonwealth of Massachusetts.

Name of person signing proposal

Signature of person signing proposal

Name of Business (Please Print or Type)

Affix Corporate Seal here

Purchasing Department

Karen Munro Chief Procurement Officer 1000 Commonwealth Avenue

Newton Centre, MA 02459-1449 purchasing@newtonma.gov

Date

Vendor

Re: Debarment Letter for Invitation For Bid #27-17

As a potential vendor on the above contract, the City requires that you provide a debarment/suspension certification indicating that you are in compliance with the Federal Executive Order below. Certification can be done by completing and signing this form.

Debarment:

Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

__________________________________________ (Name)

_______________________________________ (Company) ________________________________________ (Address) _______________________________________ (Address)

PHONE ________________ FAX ________________

EMAIL _________________________________________

____________________________________Signature

________________________Date

If you have questions, please contact Karen Munro, Chief Procurement Officer at (617) 796- 1220.

Mayor Marc C. Laredo

City of Newton Telephone

(617) 796-1220 Fax:

(617) 796-1227

TDD/TTY

(617) 796-1089

X

Name

Business Category Information Form*

IFB No. 27-17

Business Type Categories*

Select All That Apply

MBE: Minority-Owned Business Enterprise

WBE: Women-Owned Business Enterprise

VBE: Veteran Business Enterprise

SDVOBE: Service-Disabled Veteran-Owned Business Enterprises

DOBE: Disability-Owned Business Enterprise

LGBTBE: Lesbian, Gay, Bisexual, Transgender Business Enterprise

*Information is being collected as part of a City initiative to open contract opportunities to underrepresented vendors.

I do not wish to complete this form.

There is no penalty for persons who do not complete this Form, and whether or not the Form is completed will not be taken into consideration in awarding a bid.

I certify that the foregoing information is true and correct.

Company Name:___________________________________

By: ______________________________

Date:_____________________________

City Of Newton

VENDOR PAYMENT SECURITY QUESTIONNAIRE

Vendor Legal Name and Address:

Principal Contact Person for financial matters (i.e. Chief Financial Officer):

Name: _____________________________________________________________________

Phone: _____________________________________________________________________

Email: _____________________________________________________________________

Principal Contact Person for Invoice Payments:

Name: _____________________________________________________________________

Phone: _____________________________________________________________________

Email: _____________________________________________________________________

Taxpayer EIN: _______________________________

Invoice & Payment Instructions:

Typical Payment Terms: _______________________________________________________

Payment Remittance Address: ___________________________________________________

Thank you for this information. If your company is the selected bidder, a representative of Newton Treasury will be contacting you to verbally confirm this information and to conduct a brief interview on payment security.

Please be advised that the City of Newton partners with Bottomline Technologies, Inc. to provide a secure invoice payment platform called Paymode-X. In order to participate in this secure payment platform, vendors must enroll with Paymode-X. In order to facilitate enrollment, Newton Treasury will provide your contact information to the Enrollment Team at Paymode-X. You should expect to receive contact from a representative of Paymode-X soon.

Please see the brochure on the next page for more information on this important service.

Purchasing Dept. use only Please Enter Vendor ID #: __________________

CITY OF NEWTON, MASSACHUSETTS

TREASURY DEPARTMENT

Office: (617) 796-1330 Email: treasury@newtonma.gov

Marc C. Laredo, Mayor

CONTRACT FORMS

The awarded bidder will be required to complete and submit documents substantially similar in form to the following.

These forms may need to be modified on account of changed circumstances, and are provided for informational purposes only.

CITY-CONTRACTOR AGREEMENT

CONTRACT NO. C-

THIS AGREEMENT made this _______________ day of ________________ in the year Two Thousand and Twenty Six by and between the CITY OF NEWTON, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the CITY, acting through its Chief Procurement Officer, but without personal liability to him, and hereinafter referred to as the CONTRACTOR.

The parties hereto for the consideration hereinafter set forth agree as follows:

II. CONTRACT DOCUMENTS. The Contract documents consist of the following documents which are either attached to this Agreement or are incorporated herein by referenced:

a. This CITY-CONTRACTOR Agreement;

b. The City's Invitation For Bid #27-17 issued by the Purchasing Department;

c. The Project Manual for Unidirectional Flushing Plan Implementation including the

Instructions to Bidders; General Conditions; Special Conditions; MWBE/AA Requirements, Wage Rate Requirements and Wage Rate Schedule(s) including any updated prevailing wage rate schedules if applicable; The Supplementary Special

d. Conditions; General Requirements and Project Specifications; and Drawings, if included or referenced therein;

e. Addenda Number(s) ;

f. The Bid Response of the CONTRACTOR submitted for this Project and accompanying documents and certifications;

g. Certificate(s) of Insurance and surety bond(s) submitted by the CONTRACTOR in connection with this Project;

h. Duly authorized and executed Amendments, Change Orders or Purchase orders issued by the

CITY after execution of this CITY-CONTRACTOR Agreement.

This CITY-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the entire Agreement between the CITY and the CONTRACTOR. The CONTRACTOR represents that its bid was made without condition, qualification or reservation of any kind, except upon the written acknowledgement and consent of the CITY.

III. PRIORITY OF DOCUMENTS. In the event of inconsistency between the terms of this CITY -

CONTRACTOR Agreement and the Project Manual, the terms of this Agreement shall prevail.

IV. APPLICABLE STATUTES. All applicable federal, state and local laws and regulations are incorporated herein by reference and the Contractor agrees to comply with same.

V. CONTRACT TERM. The term of this contract shall extend from date of contract execution through October 31, 2027. The City, at its sole discretion, shall have the option to extend for two (2) additional one (1) year term with no change in the contract price and terms and conditions. The City reserves the right to terminate this contract prior to the expiration date in the event total expenditures reach the above stated contract total. It is further understood that in the event the term of this contract extends beyond June 30 in any calendar year, the City reserves the right to terminate the contract if funding for its continuance is not appropriated in the succeeding fiscal year commencing July 1.

VI. AUTHORIZATION OF AND PAYMENT FOR WORK PERFORMED. The execution of this contract does not constitute a notice to proceed or authorization to perform work. No work shall be commenced unless authorized by a written Work Order prepared by City of Newton Public Buildings Department specifying the work to be performed.

The Contractor will be paid following completion and acceptance of the work authorized in accordance with the Contract. The City will use best efforts to pay within thirty (30) days of receipt of an invoice for the work authorized or acceptance of the work whichever date is later.

VII. RESPONSIBILITY FOR THE WORK/INDEMNIFICATION. The Contractor shall take all responsibility for the work and shall take all precautions for preventing injuries to persons and property in or about the work and shall defend, indemnify and hold the City harmless from all loss, cost, damage or expense arising from injuries to persons or property in or about the work. The Contractor shall be responsible for any damage which may be caused by the failure or insufficiency of any temporary works. He shall effectively protect his work and shall be liable for all damage and loss by delay or otherwise caused by his neglect or failure so to do.

VIII. WARRANTY. Except as may be otherwise provided in the Project Manual, the Contractor shall replace, repair or make good, without cost to the City, any defects or faults arising within one (1) year after date of acceptance of work and materials furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the Contractor.

IX. PATENT INDEMNIFICATION. The Contractor agrees to assume the defense of and shall indemnify and save harmless the City and all persons acting for or on behalf of it from all suits and claims against them, or any of them, arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof which infringes or is alleged to infringe on any patent rights. In case such material, equipment or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Contractor, within a reasonable time, shall at its own expense, and as the City may elect, replace such material, equipment or apparatus with non-infringing material, equipment or apparatus, or remove the material, equipment, or apparatus and refund the sums paid therefor.

X. ASSIGNMENT/SUB-CONTRACTING. The Contractor agrees that he will not sell, assign or transfer this Contract or any part thereof or interest therein without the prior written consent of the City.

XI. TERMINATION. If the work to be done under this Contract shall be abandoned, or if this Contract or any part thereof shall be assigned or transferred, without the previous written consent of the City, or if the Contract or any claim hereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the City determines that the conditions herein specified as to the rate of progress are not fulfilled, or that the work or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of this Contract, the City may terminate this Contract and/or notify the Contractor to discontinue such work or such part thereof as the City may designate, and the City may thereupon by agreement or otherwise, as it may determine, complete the work, or any part thereof; and for such completion the City for itself or for its Contractor may take possession of and use or cause to be used in the completion of the work thereof any of such materials, apparatus, machinery, implements, and tools of every description as may be found upon said work.

Termination pursuant to this paragraph shall not entitle the Contractor to any claim for damages on account thereof, nor shall it relieve the Contractor of any liability under this Contract.

XII. INSURANCE REQUIREMENTS. The Vendor shall provide insurance coverage as listed below.

This insurance shall be provided at the Vendor's expense and shall be in full force and effect during the full term of this Contract.

WORKER'S COMPENSATION

Worker's Compensation: Per M.G.L. c.l49, §34 and c. l52 as amended.

COMMERCIAL GENERAL LIABILITY

Personal Injury $500,000 each occurrence $1,000,000 aggregate Property Damage $500,000 each occurrence $1,000,000 aggregate

VEHICLE LIABILITY

Personal Injury $500,000 each person $1,000,000 aggregate Property Damage $300,000 each occurrence $500,000 aggregrate

The City shall be named as additional insureds on the Vendor's General Liability and Automobile Liability Policies.

XIII. COMPLIANCE WITH CITY ORDINANCES

A. The Contractor shall comply with and give notices required by laws, ordinances rules, regulations, and lawful orders of the City bearing on performance hereunder.

B. If the Contractor performs work that it knows or reasonably should know is contrary to City laws, statutes, ordinances, building codes, and rules and regulations without giving prior notice to the City, it shall assume full responsibility for such work and shall be responsible for all costs attributable thereto.

C. Seasonal use of leaf blowers or related equipment must comply with the City’s Noise

Ordinance, which provides that gas blowers are only permissible from Labor Day to Memorial Day and must not exceed 65 decibels, and from Memorial Day to Labor Day only battery powered blowers will be allowed.

D. This section shall be superseded to extent of any specific Ordinance requirements set forth in the IFB scope of services, conditions or specifications.

XIV. GOVERNING LAW. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

XV. SEVERABILITY. The provisions of this Contract are severable. If any section, paragraph, clause or provision of this Contract shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Contract shall be unaffected by such adjudication and all of the remaining provisions of this Contract shall remain in full force and effect as though such section, paragraph, clause or provision, or any part thereof so adjudicated to be invalid, had not been included herein, unless such remaining provisions, standing alone, are incomplete and incapable of being executed in accordance with the intent of the parties to this Contract.

XVI. AMENDMENTS TO THIS CONTRACT. This Contract may not be amended except in writing executed in the same manner as this CITY-CONTRACTOR Agreement.

THIS SPACE INTENTIONALLY LEFT BLANK

IN WITNESS WHEREOF, the parties have caused this instrument to be executed under seal the day and year first above written.

CONTRACTOR CITY OF NEWTON

By By Chief Procurement Officer Print Name Date Title

Date By Commissioner of Public Works Affix Corporate Seal Here

Certified that additional funds are in the Approved as to Legal Form and Character following accounts:

By

Associate City Solicitor I further certify that the Mayor, or his designee, is authorized to execute contracts and approve Date change orders.

CONTRACT AND BONDS APPROVED

By Comptroller of Accounts By Mayor or his designee

CERTIFICATE OF AUTHORITY - CORPORATE

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

5. _____________________________________ the _________________________________ (insert name from line 2) (insert title from line 3) of this corporation be and hereby is authorized to execute contracts and bonds in…