Cemetery Mowing IFB FY20_FY22 052219.pdf

Town of Wilbraham

240 Springfield Street

Wilbraham, Massachusetts 01095

Notice of Invitation for Bids

Mowing and Landscape Maintenance Services of the

Wilbraham Cemeteries

Bids are due in the Board of Selectmen’s Office by

2:00 p.m., Friday, June 7, 2019

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

LEGAL NOTICE

Mowing and Landscape Maintenance of the Wilbraham Cemeteries

The Town of Wilbraham Cemetery Commissioners seek bids from qualified individuals or companies to provide mowing and landscape maintenance services at three town cemeteries for a 36-month period, beginning July 1, 2019. Specifications are available beginning May 22, 2019 at 12:00 p.m., on Commbuys, on https://ma-wilbraham2.civicplus.com/ and by mail or in person at the Selectmen's Office, Town Office Building, 240 Springfield Street, Wilbraham, MA 01095, between the hours of 8:30 AM and 4:30 PM. Sealed bids will be accepted in the Selectmen's Office until 2:00 P.M. on Friday, June 7, 2019, at which time they will be opened and recorded. The Board of Selectmen will award the contract upon consideration of the recommendation of the Cemetery Commissioners. The Town reserves the right to reject any or all proposals, to waive informalities, or to advertise for new proposals, as deemed in the interest of the Town.

Cemetery Commissioners

Distribution: Posted with the Town Clerk; and duly posted on CommBuys and the Town bulletin and website.

Legal Advertisement: Wilbraham-Hampden Times May 22, 2019 edition https://ma-wilbraham2.civicplus.com/

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

TOWN OF WILBRAHAM

INVITATION FOR BIDS

Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries

SECTION A: INTRODUCTION

The Town of Wilbraham ("the Town"), acting through its Board of Selectmen, invites sealed bids for Mowing and Landscape Maintenance services of the Wilbraham Cemeteries, pursuant to the Invitation for Bids published in the Wilbraham-Hampden Times, May 22, 2019 Edition, a copy of the text appearing therein is attached hereto and incorporated by reference as if fully set forth herein. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws, Chapter 30B, and all bids must be evaluated in strict accordance with the requirements and criteria set forth in this Invitation for Bids. The Town has no discretion under the law to consider bids that fail to comply with those requirements, except for minor informalities or irregularities.

SECTION B: INSTRUCTIONS TO BIDDERS

SECTION B: INSTRUCTIONS TO BIDDERS

1. General: Contract Documents The bid documents, which will form the contract, consist of this Invitation for Bids and all bid documents required to be submitted by Bidders, including any modifications duly incorporated in any of the foregoing documents before the close of bids.

2. Preparation and Submission of Bids A contractor who desires to submit a bid contemplated in the advertisement shall thoroughly review and be familiar with these instructions, the general conditions, the specifications, the plans, and Exhibits attached before submitting the bid documents required. Bidders are cautioned to examine carefully the conditions affecting the proposed contract and to acquaint themselves with the quantity and character of the material to be handled under the contract. Submission of a bid shall be deemed conclusive evidence that the bidder is fully acquainted with and shall be fully responsible for all such requirements and conditions.

3. Questions All questions by prospective bidders concerning interpretations of this Invitation for Bid must be submitted in writing by May 29, 2019, to:

Nick Breault, Chief Procurement Officer, Wilbraham Town Hall, Selectmen’s Office, 240 Springfield Street, Wilbraham, Massachusetts 01095;

and via email to: nbreault@wilbraham-ma.gov subject “Cemetery Mowing”. The Town shall endeavor to answer all questions in the form of Addenda by June 4. Answers will be posted on CommBuys and the Town website. It shall be the responsibility of the Bidder to review Addenda.

4. Bids Each bid shall conform to the following:

a. Three copies of all bid documents shall be submitted and delivered in an opaque sealed envelope marked "Cemetery Mowing Bid" and addressed as follows: Nick Breault, Chief Procurement Officer, Wilbraham Town Hall, Selectmen’s Office, 240 Springfield Street, Wilbraham, Massachusetts 01095.

b. All bids shall be submitted on the prepared forms and shall include all other documents required, including, but not limited to, a Certification of Non-Discrimination (Exhibit A), a Certificate of Non-Collusion (Exhibit B), and the Standard Bid Form (Exhibit C), which includes the Certificate as to Corporate Bidder, and Bidder Information and Reference Form (Exhibit D). Failure to submit a bid on the

Standard Bid Form provided shall be considered cause for rejection of the bid. Do Not Submit Bids on Bidder’s letterhead or other forms.

c. A bid shall not be considered which is not in the possession of the Chief Procurement Officer or her authorized representative by the time indicated in the advertisement.

d. A bid must be signed, as follows: (1) if the contractor is an individual, by him/her personally; (2) if the contractor is a partnership, by the name of the partnership, followed by the signature of each general partner; (3) if the contractor operates under the Fictitious Names Act, by the name of the fictitious identity, followed by the signature of each owner; and (4) if a contractor is a corporation, by the authorized officer, whose signature shall be attested by the Clerk/Secretary of the Corporation and the Corporate Seal affixed.

e. A contractor may withdraw his bid at any time up to the time set for opening of the bids, provided the request for withdrawal is presented in writing and signed by the contractor in the manner and form required for submitting of a bid. A bid may not be withdrawn after the time set for opening the bids, except as provided by law. After the bid opening, a bidder may not change the price or any other provision of the bid in a manner prejudicial to the interest of the Town of Wilbraham or fair competition. The procurement officer shall waive minor informalities or allow the bidder to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the procurement officer shall correct the mistake to reflect the intended correct bid and so notify the bidder in writing, and 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.

f. Contractors shall make all price quotes in writing and figures, corresponding with United States of America currency (i.e. dollars and cents). In case of discrepancy, the quote in writing shall bind.

g. Bids calling for alternative contract and performance specifications will not be considered. Substantive exceptions, modifications or additions to any portion of the Bid documents identified on the standard bid form will be cause for rejection of the bid. Exceptions to specifications made elsewhere in the bidders’ submission shall be of no effect and a bidder will be bound to the bid without any exceptions.

The use of brand names, model numbers, part dimensions and strength or capacity specifications are for descriptive purposes only. The Town is eager to accept alternative components as long as they are functionally equal or superior to the part specified and the bidder can document such functional equivalency.

mailto:nbreault@wilbraham-ma.gov

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

h. Pursuant to M.G.L. chapter 62C, section 49A, contractors shall prior to submission of bids, provide their social security numbers or federal identification numbers on the space provided on the bid sheet. These statements are attested when the bid is properly signed and executed.

By signing this Bid, the Contractor shall certify that under penalties of perjury, the signing party has filed all State tax returns and has paid all State taxes required under law.

5. Bid Security Not required

6. Determination of Responsibility

a. All bidders shall be required to demonstrate to the satisfaction of the Town that they have adequate financial resources, personnel, facilities, and expertise to perform the services required by the specifications and shall furnish such information and proof of these qualifications as required by this Invitation for Bids and the exhibits hereto. No contract will be awarded to any bidder who, as determined by the Town, is not qualified to perform satisfactory service due to an unsatisfactory record or inadequate experience, or who lacks the necessary capital, organization, or facilities to conduct and complete the services in strict accordance with the specifications.

b. The Town, in considering each bid, shall, prior to any determination and subsequent award, investigate and evaluate the bidder to determine whether the bidder is responsible. Consideration may be given to the bidder's prior experience in providing similar services;

reference checks, the financial and organizational status of the bidder, and prior compliance with applicable laws, ordinances, rules and regulations.

c. After the opening of sealed bids, but before the award is made, the Town may require additional information, either technical or general, from any of the qualified low bidders in order to determine the award. This information shall be supplemental in nature and may not add to, detract from, or conflict with the contents of the original sealed response.

d. No provision in this Invitation for Bids should be construed to require an award to a bidder whose submitted background information, when investigated and verified by the awarding authority, raises significant questions as to its ability to successfully provide the services required.

7. Opening and Consideration of Bids

a. Sealed bids will be accepted in the Selectmen's Office at the Town Office Building, 240 Springfield Street, Wilbraham, MA 01095.

until 2:00 P.M. on Friday, June 7, 2019, at which time they will be opened and recorded.

b. Consideration and acceptance of bids shall be based on the ability of the contractor to meet the specifications legally advertised and set forth in this Invitation for Bid and any subsequent modifications thereof.

c. Any non-substantive exceptions, changes, modifications, alternatives, etc., may be considered as long as they are clearly noted on the

Standard Bid Form (Exhibit C), explained, and identified by the initials of the signing parties.

d. The Town shall have the right to reject any and all bids and parts thereof, or items therein, and to waive any defects or irregularities as to form therein.

e. The Town will award the Contract or reject all bids within forty-five (45) days after the opening of the bids. The Town shall have the time indicated in which to investigate, evaluate, and award or reject the bids. No contractor shall have the right to withdraw, change, or alter its bid within said time.

8. Evaluation Criteria:

a. All qualified bids will be reviewed by Wilbraham Cemetery Commissioners and Chief Procurement Officer. The Contract will be awarded to the responsible and responsive bidder who offers the best and lowest price.

9. Award of Contract

a. Any contract awarded will be to the responsible and responsive bidder, whose bid conforms to the Invitation for Bids and specifications and has offered the lowest and best price. The Town of Wilbraham reserves the right to reject any and all bids and to waive minor informalities and irregularities in bids. The Wilbraham Board of Selectmen, in their capacity as the chief executive body in the Town of Wilbraham, will award the bid following consideration of a recommendation from the Wilbraham Cemetery Commissioners.

b. The bids shall remain firm for at least forty-five (45) days after the opening of bids. The successful bidder will be notified in writing that its bid has been accepted and that it has been awarded the contract. Contract forms, in the form specified herein, will be sent with the notification of award to the successful bidder who shall execute and deliver the contract to the Chief Procurement Officer within twenty-one (21) calendar days after the date of the award.

c. The Contractor shall furnish forthwith a Certificate of Insurance for each policy required, if any, in the Contract.

d. The Contract shall be in writing and be executed in duplicate.

10. Failure to Execute Contract

a. Should the successful bidder fail to execute the contract and furnish the required documents and signed contract within the time stipulated, the Town, at its option, may determine that the Bidder has abandoned the contract and thereupon the bid and acceptance shall be null and void.

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

SECTION C: GENERAL CONDITIONS

1. Clarification of Terms

a. The terms "day" and "working day" shall be interpreted to mean Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday morning, exclusive of legal holidays.

b. "Contractor" and "Bidder" shall be interpreted to mean the individual, partnership, company, corporation, or other entity making a sealed bid to the Town of Wilbraham for the items, services or projects advertised in connection herewith.

c. "Town" and "Wilbraham" shall be interpreted to mean the Town of Wilbraham, a Massachusetts municipality with offices located at Town

Hall, 240 Springfield Street, Wilbraham, Massachusetts 01095.

d. The "Board of Selectmen" shall mean the duly-elected Board of Selectmen of the Town of Wilbraham.

e. "Contract" shall mean collectively all the covenants, terms and stipulations in the Invitation for Bid, instructions to contractors, general conditions, specifications, the required bid documents submitted, and any supplementary documents which constitute the parties' agreement.

2. Performance Security Not required.

3. Massachusetts General Laws

a. The Contractor will keep itself informed of all applicable federal, state, and local laws, by-laws, ordinances, and rules and regulations, and must at all times conform to and abide by same. This contract shall be considered to include all terms required to be included in it by Massachusetts General Laws, Chapter 149 as amended, Chapter 30B as amended, and any other applicable laws, as though such terms were set forth in full herein.

b. If any discrepancy or inconsistency is discovered in this contract in relation to any such law, ordinance, by-law, rule, or regulation, the

Contractor shall forthwith report the same to the Chief Procurement Officer or Town Administrator. The Contractor shall at all times itself observe and comply with, and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, by-laws, rules and regulations and shall protect and indemnify the Town; the Board of Selectmen, their officers and agents, and Cemetery Commissioners against any claim or liability arising from or based on the violation of any such law, ordinance, by-law, rule, or regulation, arising out of the work under this contract.

4. Non-Discrimination

a. The Contractor will not discriminate against employees or applicants for employment because of race, color, religious creed, national origin, sex, age or ancestry in connection with the performance of services under this contract. Bidders must certify such intent not to discriminate on the form provided (see Exhibit C attached).

5. Indemnification

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

6. Insurance

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

General Liability Bodily Injury Liability......................... $1,000,000 per occurrence Property Damage Liability .................. $500,000 per occurrence (or combined single limit) ................... $1,000,000 per occurrence Automobile Liability Bodily Injury Liability......................... $1,000,000 per occurrence Property Damage Liability .................. $500,000 per occurrence (or combined single limit) ................... $1,000,000 per occurrence

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

Special Notation:

Prior to the start of the contract, the successful bidder must submit Certificates of Insurance naming the Town of Wilbraham as an additional insured with thirty day notice of cancellation to the Town for the purpose of property damage ($500,000) to the cemetery grounds, equipment, or to the property of others, while performing services on this contract’ comprehensive general liability ($1,000,000) each occurrence plus $2,000.000 general aggregate limit); and workers’ compensation in amounts as required by Massachusetts General Laws, Chapter 152.

7. All Contracts are Subject to Appropriation

a. The execution of a contract is subject to adequate financial appropriations for the items, services or projects advertised. The lack of adequate financial appropriation by the Town for such items, services or projects constitutes grounds to reject all bids that exceed the financial limitations imposed by the Town.

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

8. Sales Tax Exemption

a. The Town of Wilbraham is exempt from state sales tax under the Sales Act, Chapter 14 of the Acts of 1966 and all amendments thereto.

This may be considered when forming contract prices.

9. Assignment and Organization Changes

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

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

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

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

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

10. Cancellation/Default

a. The failure of either party to fulfill a material obligation of the Agreement, which continues for fourteen (14) days after written notice of the same, the falseness of any statement by the Contractor in its bid documents, the institution by or against the Contractor of any bankruptcy, receivership or insolvency proceedings, the dissolution of the Contractor, or the making of an assignment for the benefit of its creditors, shall constitute an event of default. Upon an event of default, the other party to the contract may terminate the contract, in addition to all other remedies to which it may be entitled by law or in equity, including without limit all rights the Town may have to the bond required hereunder.

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

11. Severability

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

Contract.

12. Amendment

a. The documents expressly incorporated herein comprise the parties' entire contract and there are no other agreements between the parties.

Any amendments to the contract must be in writing and signed by the duly authorized representatives of the parties.

13. Price Bidders shall submit the following as part of their bid:

a. Total Price, (as specified in the Section D: Specifications,) for basic Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries for the full term of the contract, which is three years.

b. Breakdown of Total Price, (as specified in Section D: Specifications,) for basic Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries for each year of the contract.

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

14. Payment

a. The Contractor shall bill the Town on the date of the first Friday of each month, itemizing the basic fee and any optional/additional services at the agreed upon price, performed in the previous month, by written invoice submitted to the Cemetery Commissioners upon delivery and acceptance by the Town. (All optional/additional services must be submitted in writing with the proposed fee to, and authorized by, the Cemetery Commissioners.) All such bills, following review and approval by the Cemetery Commissioners, will be paid by the Town within forty-five (45) days from receipt.

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

15. Testing:

a. Upon delivery of the mowing and landscape maintenance services of the Wilbraham cemeteries as specified, the Town of Wilbraham may employ an independent expert to examine the equipment to determine if the equipment delivered meets the specifications set forth herein.

If upon examination said independent expert finds any component(s) which does not meet specification, the costs incurred by the Town in employing such independent expert shall be deducted from the bid contract price. Further, such non-compliance shall be rectified by replacement of the component, or if deemed by the independent expert to be a non-correctable deviation, or one which component replacement would result in lower quality equipment, the entire procurement shall be rejected.

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

SECTION D: SPECIFICATIONS

All trees, plantings and plant containers, above-ground memorials, (including head and foot stones and monuments,) fences, sign posts, or other obstacles shall be close–trimmed on all sides by hand or with a string trimmer. All clippings, clumps of cut grass, and ordinary debris, including paper, shall be picked up before each mowing.

Ordinary debris that can be handled by one person including: paper, trash, discarded flowers and planters, bottles or cans, and any other natural or discarded items shall be removed. Tree limbs or branches that can be cut into pieces and handled by one person shall also be removed.

Large items, including whole trees and large limbs, may be removed on a cost-for-service basis at the request of, and prior approval by the Cemetery Commissioners.

No materials are to be disposed of on cemetery properties. Trash bins are located behind the shed at each cemetery for this purpose. These bins will be emptied by an outside contractor on a regular basis at the expense of the Cemetery Commissioners.

All lawn care shall be done in a neat and workmanlike manner. All turf torn or dug-up during the course of these maintenance tasks must be replaced into the lawns the same day it is dislodged.

If gravel on cemetery roads is disturbed by the contractor’s equipment during the course of the maintenance tasks shall be restored and raked smooth the same day it is disturbed.

Special attention must be paid to avoid damage to weaker, vulnerable historic headstones, (especially in Adams Cemetery.) Any and all damage(s) to any grave markers in any of the three cemeteries done during the course of the maintenance activities shall be the responsibility of the Contractor and MUST be reported in writing to the Cemetery Commissioners on that same day. When the cost to repair the damage is determined, the Contractor will be presented with the amount of damages by the Cemetery Commissioners which will be paid on demand.

CHECKLIST FOR CONTRACTOR USE AT EACH CEMETERY IS FOUND IN

Section D: Specifications, Attachment 1

BASIC SERVICES: Fall Clean Up Fall Clean Up is scheduled each fall, after trees have lost their leaves. Leaf clean up must be completed by December 1. All leaves and lawn debris are to be picked up and disposed of offsite.

BASIC SERVICES: Spring Clean Up Spring Clean Up is scheduled each spring, prior to the first mowing. All leaves, twigs and lawn debris must be picked up and disposed of in accordance with Town Bylaws. Any gravel displaced by winter plowing shall be raked into the gravel roadway. In all three cemeteries, mulch shall be applied to newly planted trees.

OPTION: Shrub and Bush Trimming/Other Projects Shrubs and bushes may require additional trimming during the growing season. Authorization for this extra work must be obtained prior to starting the work. Additional landscaping projects (other than what is called for in the “Spring Clean Up”) may also be added upon authorization by the Cemetery Commissioners. Any authorized additional landscaping projects will be paid as an “add-on” to the agreed contracted fee.

INSURANCE:

(See Section C: General Conditions)

PAYMENT FOR SERVICES:

(See Section C: General Conditions)

TERMINATION:

Notwithstanding termination for default as set forth above, the Board of Cemetery Commissioners or the Contractor may terminate this Agreement at its discretion, without cause, after written notification by certified mail, not less than 30 days prior to the effective date of termination. In the event of such termination, the Contractor will perform all basic services scheduled to occur prior to the date of termination and the Cemetery

Commissioners agree to pay invoices for accepted and approved work performed prior to the date of termination.

SECTION D: SPECIFICATIONS, ATTACHMENT 1

Wilbraham Cemetery Commissioners’ Checklist for Each Cemetery

ADAMS CEMETERY:

1. At each mowing:

a. Weed-whack around all trees, fence posts, monuments, and under all sections of fence, especially next to abutting neighbors on east side;

b. Weed-whack entire length of curb along Tinkham Road;

c. Gravel on cemetery roads, if disturbed during course of maintenance tasks, shall be restored and raked smooth on same day it is disturbed;

d. Wooden fence rails dislodged by mowing crews shall be replaced on the fence on the same day as mowing;

e. All turf torn or dug-up during maintenance must be replaced into lawns on same day it is dislodged;

f. Only smaller walk behind mowers are to be used in the historic section of the cemetery.

2. In June and September:

a. Weed-whack underneath the post-and-rail fence on three sides (i.e. west, north, east).

EAST WILBRAHAM CEMETERY:

1. At each mowing:

a. When mowing close to the gravel roads, the discharge chute of the mower should be directed away from the road so that grass clip will not become embedded into the gravel causing grass to sprout in the gravel roads;

b. Weed-whack around all trees, monuments, and along the entire chain-link fence, including along the turnpike boundary;

c. Weed-whack entire length of curb on both sides of entrance road;

d. Gravel on cemetery roads, if disturbed during course of maintenance tasks, shall be restored and raked smooth on same day it is disturbed;

e. All turf torn or dug-up during maintenance must be replaced into lawns on same day it is dislodged;

f. No accumulation of leaves or other debris is to be left under trees or around the entire length of the chain-link fence, including along the turnpike boundary;

g. No dumping of any trash or debris over the embankment of the east side, as this is private property owned by the abutters and not owned by the Town.

GLENDALE CEMETERY:

1. WEEKLY MOWING:

VETERANS MEMORIAL (ONLY):

a. Mow “Veterans Memorial” area from Glendale Cemetery’s stone wall to the corner of Monson and Glendale Roads on a weekly basis;

b. Mow along stone wall and carefully weed-whack around gardens;

2. AT EACH SCHEDULED MOWING:

INSIDE OF STONE WALL:

a. Weed-whack around all trees, monuments, and gardens; also along chain-link fence, inside stone wall, and picket fence;

b. All turf torn or dug-up during maintenance must be replaced into lawns on same day it is dislodged;

c. Clear brush and weeds from Northern right-of-way as needed.

3. IN THE SPRING AND FALL:

a. General clean-up. In the fall, a general clean-up will be conducted, where leaves and branches that have fallen will be gathered and picked up.

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

SECTION D: SPECIFICATIONS, ATTACHMENT 2

Proposed Annual Schedule

To accommodate the every-other-week basis, the following schedule is considered acceptable. Mowing should be done not more than two days before or six days after the following:

SPRING:

Spring Clean-Up: (prior to first mowing)

May, two times:

To coincide with Mother’s Day To coincide with Observed Memorial Day (Third Monday in May)

June, two times:

Monday of 2nd week To coincide with Independence Day

July, two times:

Monday of 4th week

August, two times:

Monday of 4th week (prior to Labor Day)

September, two times:

Monday of 3rd week Monday of 5th week

October, two times:

Monday of 3rd week Monday of 5th week

VETERANS PARK (Located outside Glendale Cemetery)

To be mowed WEEKLY, depending on the weather and/or the amount of rain, beginning in May through October.

FALL CLEAN-UP:

Fall Clean Up (prior to December 1)

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

SECTION D: SPECIFICATIONS, ATTACHMENT 3

INSTRUCTIONS TO BIDDERS

1. Use the forms provided to return your bid. Single price for basic services is requested, supported by detail on pricing of the components.

2. Bid pricing must be submitted before the exact services requested. Any bid price which presumes greater, lesser, or different services must be clearly stated and may be rejected by the Town of Wilbraham.

3. Bid documents must be received by the Town on or before the date and time specified in the Invitation for Bid. Post marks are not accepted. Bids received after the due date will be returned to the bidder unopened.

4. The successful bidder will be the responsive and responsible bidder, who offers the best and lowest bid price and is deemed qualified to provide the services required.

5. This to be a three-year contract, beginning July 1, 2019 through June 30, 2022. This contract is contingent upon appropriation of funds to this purpose in each fiscal year.

6. These specifications and responses from bidders will be incorporated by reference into an Agreement for services, as enclosed, to be provided by the successful bidder to the Town of Wilbraham and its Cemetery Commissioners.

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

EXHIBIT A

CERTIFICATION OF NON-DISCRIMINATION

The undersigned hereby certifies that it will not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, national origin, age, sex, or disability, Name of Bidder

Signature of Authorized Agent

Name and Title of Authorized Agent (Print)

Date

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

EXHIBIT B

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any 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 Authorized Agent

Name and Title of Authorized Agent (Print)

Date

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

EXHIBIT C

STANDARD BID FORM

DATE: ________________________

TO: Wilbraham Cemetery Commissioners BIDDER: ________________________ Town of Wilbraham 240 Springfield Street Wilbraham, Massachusetts 01095

RE: Bid for the Furnishing of Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries

The undersigned hereby proposes to provide mowing and landscape maintenance services. The bidder agrees to perform all of the services in strict conformance with the Invitation for Bids and related documents.

Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries’ Total Bid Price: $_______________________________ (Please note that the total bid price must reflect a three year contract, not just one year’s worth of services.)

Breakdown of the Total Bid Price:

Year of the Contract Break down of Bid Price by Contracted Year

Year 1-2019-2020 $

Year 2-2020-2021 $

Year 3-2021-2022 (Contract ends June 30, 2022)

The undersigned bidder declares that any and all taxes, fees, interests, and penalties due or to become due from the undersigned are current and fully paid and will remain current and fully paid during the term of the contract, as required by all local, state and federal law. The undersigned bidder certifies that he/she and, or bidder’s company has complied with all laws of the Commonwealth of Massachusetts relating to taxes.

The undersigned bidder expressly acknowledges that he/she has examined the Invitation for Bids, that he/she has informed himself/herself fully of all conditions pertaining to the services for which this bid is made, that he/she is acting in good faith, without fraud, collusion, or connection with any person proposing to provide the same services, and that he/she is making this bid based on his/her own examination and estimates.

The undersigned further declares that the acceptance of this bid will not cause a violation of Massachusetts General Laws, Chapter 268A, the so-called "State Conflict of Interest Law". The bidder expressly acknowledges that the Town of Wilbraham reserves the right to reject any and all bids and to waive minor informalities and irregularities. The bidder further expressly acknowledges that all contracts of the Town of Wilbraham are subject to adequate financial appropriation.

If this bid is accepted and the undersigned fails to enter the contract with surety satisfactory to the Town of Wilbraham within twenty-one (21) days from the date of the mailing of a notice from the Town that the contract is ready for signature, the Town of Wilbraham may, at its option, determine that the bidder has abandoned the Contract and thereupon the bid security submitted covering this proposal shall become the property of the Town of Wilbraham.

Notice of award should be mailed to the undersigned bidder at the following address:

Signed under the pains and penalties of perjury on this ___________________day of ___________, 20__.

By: ______________________________________________________________

Signature of Individual or Authorized Corporate Officer

Printed Name and Title of Person Signing

Federal Identification Number or Social Security Number of Bidder

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

CERTIFICATE AS TO CORPORATE BIDDER

I, _________________________________________, certify that I am the _____________________________ of the Corporation named as bidder in the foregoing Bid Form, and that _______________________________________, who signed said Bid Form on behalf of the

Corporation was then ____________________ of said Corporation, that I know his or her signature and that his or her signature thereto is genuine and that said Bid Form was duly signed, sealed and executed for and in behalf of said Corporation by authority of its governing body.

(Corporate Seal)

Signature: ______________________________________

Title: ______________________________________

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

EXHIBIT D

BIDDER INFORMATION & REFERENCE FORM

Name of business or individual submitting bid: ________________________________________________________

Business location (Street address): __________________________________________________________________

Contact name: __________________________________________________________________________________

Telephone: ______________________________________ e-mail:________________________________________

Background statement (company history, staff experience and training) equipment available:

Provide three references:

Trade reference:

(Name; Company and Telephone number)

Client reference:

Client reference:

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

Exhibit E

DRAFT DOCUMENT

TOWN OF WILBRAHAM

Mowing and Landscape Maintenance Services of the Wilbraham Cemeteries

Contract

THIS AGREEMENT, Made this _____________ day of ____June________, 2019 between the Town of

Wilbraham, Massachusetts (hereinafter designated the Town) and

NAME: TBD _________________________________________________

ADDRESS: TBD ____________________________________________________

(Hereinafter designated the Contractor)

WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, the parties agree as follows.

ARTICLE 1.

The Contractor agrees to furnish Mowing and Landscape Maintenance Services of the Wilbraham

Cemeteries all in accordance with the Invitation For Bids, including the bidding requirements, specifications, and other supporting documents incorporated therein, attached hereto and made a part hereof for the price specified in its bid, dated June 7, 2019, a copy of Contractor’s Standard Bid Form is also attached hereto and made a part hereof.

ARTICLE 2.

In consideration of the foregoing, the Town agrees to pay to the Contractor as compensation for everything furnished and done by the Contractor under this contract, and for well and faithfully completing the work, as herein provided, such sums of money as is set out in the accompanying bid.

ARTICLE 3.

The Contractor will defend, indemnify, and hold harmless the Town of Wilbraham, its officers, agents, servants and employees against any and all claims, demands, liabilities, losses, damages and expenses the Town of

Wilbraham, its officers, agents, servants and employees may incur arising out of or in any way connected with the Contractor's performance of or failure to perform its obligations under this contract.

ARTICLE 4.

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

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

Invitation to Bid Documents • Town of Wilbraham • Mowing and Maintenance Services of the Wilbraham Cemeteries

DRAFT DOCUMENT

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

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

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

ARTICLE 5.

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

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

ARTICLE 6.

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

ARTICLE 7.

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

CONTRACTOR

By: _________________________________________ Signature

By: _________________________________________ Printed Name

Title: _______________________________________

TOWN OF WILBRAHAM, MASSACHUSETTS

BOARD OF SELECTME

Approved as to Appropriation

By ___________________________________________

Town Accountant

Approval as to Form:

By ___________________________________________

Town Counsel