DPW-BID27-TREES_FINAL.pdf

CITY OF BROCKTON

DEPARTMENT OF PUBLIC WORKS

INVITATION TO BID

DPW-BID27-TREES

EMERGENCY TREE TRIMMING AND REMOVAL

Advertising Dates:

Moises M. Rodrigues Bid Available Date

Mayor Monday, July 20, 2026

Brockton Enterprise Advertisement

Monday, July 20, 2026

Pat Hill Good and Services Bulletin

Commissioner Monday, July 20, 2026 Department of Public Works

Michael C. Morris Bid Deadline Chief Procurement Officer Monday, August 3, 2026 On/Or Before 11:00 AM

DEPARTMENT OF PUBLIC WORKS

OPERATIONS DIVISION – HIGHWAY SECTION

CITY OF BROCKTON, MASSACHUSETTS

INVITATION TO BID

DPW-BID27-TREES

Upload one bid for the purchase of EMERGENCY TREE TRIMMING AND REMOVAL to the City of Brockton via the Bid Net Portal until 11:00 AM (EDST) on Monday, July 20, 2026

All procedures shall be in strict accordance with Chapter 30 Section 39M of the Massachusetts General Laws.

The awarding authority reserves the right to reject any/or all bids and to waive any informalities in the bidding if it is in the public interest to do so, provided such rejection or waiver be in conformance with Sections 1 to 25 inclusive of Chapter 30B of the Massachusetts General Laws and all other chapters and sections pertaining to public bidding as adopted.

Applicants may obtain specifications for the bid on or after Monday, July 20, 2026. Specifications, information for bidders, and bid forms may be obtained on the Bid Net Portal at https://www.bidnetdirect.com/massachusetts/cityofbrockton

INFORMATION FOR BIDDERS

1. Specifications are available on or after Monday, July 20, 2026.

2. Forms are available on the Vendor Registry Portal at https://www.bidnetdirect.com/massachusetts/cityofbrockton. If you need assistance with registration or with Bid Net, please contact BidNet Vendor Support (Monday–Friday, 8:00 a.m. – 8:00 p.m.)

Phone: (800) 835-4603 (option 3) Email: support@bidnet.com

3. Any bids submitted after 11:00 AM (EDST) on Monday, August 3, 2026, shall be rejected.

4. Bids will be publicly opened and read on Monday, August 3, 2026, at 11:00 a.m. in the G.A.R

Conference Room on the 2nd Floor of Brockton City Hall (45 School Street), Brockton, Massachusetts.

5. The City of Brockton will only accept bids submitted electronically through the Bid Net Portal.

6. All bids and/or proposals shall be uploaded, including any/all appropriate signed appendixes A-G.

7. All successful bidders of corporations, which are located outside the confines of the Commonwealth of Massachusetts, should be registered with the Commonwealth of Massachusetts as a Foreign Corporation prior to the awarding of the bid. If not registered in Massachusetts, an affidavit of incorporation in another state and the date of incorporation must accompany the contract.

https://www.bidnetdirect.com/massachusetts/cityofbrockton https://www.bidnetdirect.com/massachusetts/cityofbrockton mailto:support@bidnet.com

17. The City of Brockton reserves the absolute right to choose that product which best meets its needs and the degree of quality, workmanship, and the vendor’s proven ability to provide service and support after a sale, bear on that determination.

18. The City of Brockton is an Affirmative Action/Equal Opportunity/Title IX employer.

19. Bidders may bid on individual items, where appropriate, where multi-item bids are advertised or otherwise solicited.

20. The contract award is subject to appropriation of the City Council.

21. The City reserves the right to issue award(s) in whole or in part if it is in the best interest of the City of

Brockton to do so.

22. OPTION TO EXTEND: The City, shall have the option of extending or renewing this contract for two

(2) consecutive one (1) year periods, for the same discount rate and upon the same conditions as are contained in the contract at the time said option is exercised; except as such conditions shall have been modified by mutual agreement of the parties. Said options shall deem to have been exercised by the City, provided the vendor has been given preliminary notice of the City’s intention to renew this contract. Such a preliminary notice shall not be deemed to commit the City to renewal.

23. THE MASSACHUSETTS RIGHT-TO-KNOW LAW: Massachusetts General Laws (Chapter 111F) requires that all employers in the Commonwealth of Massachusetts establish and maintain a central workplace file of complete and up-to-date Material Safety Data sheets (MSDS) for all products which the successful bidders supply; and which contain or may contain regulated toxic hazardous substances recorded on the Massachusetts Substance List (MSL). The successful bidder(s) shall place labels detailing MSL toxic or hazardous substances on all containers containing chemicals or chemical derivatives which appear on this bid. Compliance with this law is mandatory on the part of all successful bidders.

24. On all attachments of Bid Specifications, a signature is required rather than a stamp or printed name on all applicable lines. Failure to do so would be considered an informality in considering the merits of the submitted bid and/or proposal.

25. All bid items in BID AND COST BREAKDOWN FORM must be completed or bid shall be rejected.

26. This is a prevailing wage rate project.

SCOPE OF SERVICES

The City of Brockton is soliciting bids for the periodic EMERGENCY TREE TRIMMING AND REMOVAL.

Emergency Tree Removal Services:

Price is to be determined per job because it is an emergency situation.

This is a case-by-case scenario.

We request a response time of within 12 hours for emergency services.

For emergency services, the Highway Department will provide and absorb the cost of a police detail if necessary.

Tree Trimming and Removal Services:

Price is based on a daily rate.

Equipment: Vendor must schedule, provide, and pay the cost for the police detail services if needed.

The crew must consist of:

One (1) Bucket truck (65' minimum) One (1) Chipper truck 2 to 3-man crew Crane with operator if needed for tree removal services.

• The cost for the crane and operator will be added to the daily rate.

Hours of Operation: 7:30AM - 4:00PM - Monday through Friday. No holidays, Saturdays or Sundays unless otherwise approved in writing by the DPW Operations Superintendent.

REST OF PAGE LEFT INTENTIONALLY BLANK

BID AND COST BREAKDOWN

It is the City’s intention to purchase periodic removal of tree removal using a daily rate from its DPW Operations Division yard located at 301 Oak Hill Way, Brockton, MA. as previously described.

Daily Rate: $________________________________________

* Payment will be based on the actual number of days required during the contract period. Daily rate shall be firm for the entire contract period regardless of any decrease or increase in the amount of work ordered.

NAME OF BIDDER, ADDRESS (STREET, CITY, STATE, ZIP CODE)

SIGNATURE OF PERSON AUTHORIZED TO SIGN DATE

TYPE OR PRINT SIGNER’S NAME AND TITLE

“CONTRACT SAMPLE”

CNT. #: CONTRACT # – CONTRACTING DEPARTMENT

CONTRACT FOR SERVICES BETWEEN THE CITY OF BROCKTON AND

VENDOR

The City of Brockton, acting by and through its duly authorized Mayor (“City”), with a principal place of business at 45 School Street, Brockton, Massachusetts 02301, and VENDOR (“Vendor”), with a principal place of business at VENDOR ADDRESS make this contract beginning upon RECEIPT OF FULLY EXECUTED CONTRACT for the provision of services under the following terms and conditions.

1) Description of Services to be Provided. The Vendor will provide to the City the following services: SCOPE OF SERVICES.

2) The Contract Sum. The City agrees to pay the Vendor CONTRACT AMOUNT for the purchased services.

3) Duration of this Contract. The term of this contract shall be from the CONTRACT EXECUTION date through XXXX.

4) Time for Performance of Services. Time is of the essence for the provision of all services made under this contract. The Vendor shall commence work under the contract immediately and shall provide all purchased services to the City before the end of the term.

5) Enumeration of Contract Documents. The following list of documents forms the entire agreement between the City and Vendor and is fully a part of the contract as if attached to this document or repeated herein:

a. This Contract;

b. Exhibits to this Contract;

c. City of Brockton Standard Appendices;

d. Amendments, modifications, options to extend, or other mutually agreed upon change orders;

e. The City’s “Request for Proposals,” “Request for Quotes,” or other such bid solicitations, including addendums;

f. If Vendor is from the State Bid List, the State Contract;

g. The Vendor’s response to the City’s bid solicitations;

h. All required certifications, permits, or licenses; and

i. Certificates of insurance.

Mayor

45 School Street

Brockton, MA 02301

If a conflict arises between any of the documents listed above, the order of precedence shall be that language contained in the document higher in the list shall prevail over any conflicting document lower in the list of documents.

6) Designated Representatives. The City designates DEPARTMENT HEAD, DEPARTMENT HEAD TITLE, and the Vendor designates VENDOR NAME, VENDOR TITLE as their authorized representatives to receive notices or other communications under this contract at the addresses stated above.

7) Certifications, Permits and Licenses. The Vendor shall ensure that, if applicable, all certifications, permits and license necessary for performance of the services have been obtained by the Vendor, its employees, contractors or subcontractors prior to commencement of the services.

8) Manner in which the Vendor Shall be Paid by the City. The Vendor shall submit an invoice to the City with any reasonable supporting documentation or information requested by the City, such as, for example, but without limitation, the value of the services performed. Upon satisfactory review of said invoice and documentation, the City shall promptly remit payment to the Vendor.

9) Required Insurance. The Vendor shall maintain the following required insurance coverage:

a. General Comprehensive Liability in the amount of $1,000,000 for each occurrence and $3,000,000 in the aggregate;

b. Automobile Liability (applicable for any vendor/consultant who has an automobile operating exposure) in the amount of $1,000,000 for bodily injury and property damage per accident;

c. Workers' Compensation and Employer's Liability in the amount as may be required by Massachusetts General Laws Chapter 152;

d. Umbrella Liability of $2,000,000 for each occurrence and $2,000,000 in the aggregate;

and

e. Professional Liability Insurance, if applicable, in an amount acceptable for the performance of the services under this Agreement.

The Vendor shall name the City as Certificate Holder as well as an additional insured under all insurance coverages required by this contract, with the exception of workers’ compensation insurance (blanket additional insured endorsement will not be accepted). The Vendor shall further provide the City with a copy of the current additional insured endorsement page reflecting that the Vendor added the City as an additional insured for each insurance policy to which the Vendor added the City.

The City and Vendor acknowledge that the types of insurance and coverage limits listed herein are the minimum necessary for the City to award this contract to the Vendor. The City does not intend that the required types of insurance coverage in any way limits the Vendor’s liability for any damages arising from the Vendor’s performance of services under this contract.

The Vendor shall maintain the listed insurance coverage throughout the duration of this contract.

If, at any time while this contract is in effect, any of the listed insurance coverages should lapse, the Vendor shall immediately notify the City. Within thirty (30) days of any such lapse, the Vendor shall provide the City with new certificates of insurance coverage.

10) Degree of Care Owed by the Vendor. The Vendor represents that it will perform its services for the City using the degree of care and skill ordinarily exercised consistent with the standards applicable to persons performing similar services under similar conditions and circumstances in the same or nearby locality.

11) Non-Assignability of this Agreement. The Vendor shall not delegate, assign, or transfer its duties or interests in this contract without the prior, express written consent of the City. If the City approves assignment, this contract shall be binding upon the Vendor’s assigns, transferees, and successors in interest.

12) Contract Modification or Amendment. The City and Vendor may modify or amend this contract, but only in writing, duly executed by both the City and Vendor, as of the date of the amendment.

13) Non-Waiver. Neither the City nor Vendor shall construe the failure of the other to enforce at any time any contract provisions as a waiver of the right of other to enforce any contract provision.

14) Prevailing Statutory Authority. The laws of the Commonwealth of Massachusetts and the Code of Ordinances, City of Brockton, Massachusetts govern the validity, interpretation, construction, and performance of this contract. The City and Vendor agree that this contract shall be construed to include all terms required to be included by Massachusetts General Laws, or any other laws, as though such terms were set forth in full. Any dispute arising out of or relating to this contract, if brought, shall only be brought in Brockton Superior Court, Plymouth County, Massachusetts.

15) Vendor’s Obligation to Comply with Existing Laws. The Vendor warrants that it will comply with all applicable laws, regulations or ordinances affecting the successful completion of the contract, including but not strictly limited to laws, regulations, or ordinances related to public bidding, procurement, municipal finance, tax, labor law, reporting of employees and contractors, withholding and remitting child support payments, and prevailing wage laws.

The Vendor represents and warrants that it does not discriminate on the grounds of race, color, religious creed, national origin, ancestry, sex, gender identity, homelessness, age, inquiry as to a criminal record, handicap disability, mental illness, retaliation, sexual harassment, sexual orientation, genetics, and active military service. The Vendor shall comply with all applicable laws, ordinances, rules, regulations, and orders pertaining to the protection of work, property, person, and employees.

16) Termination. The City may terminate this contract for any reason by providing at least ten

(10) days advance, written notice to the signatories for the Vendor. In case of a written termination by the City, the Vendor shall cease performing all services under this contract, with the exception of any work, in the opinion of the City, necessary to bring the work in progress to a reasonable and safe condition. The Vendor shall then submit a final bill based only on work actually performed. There shall be no penalty for early termination.

17) Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend, and hold harmless the City and their respective officers, directors, employees and agents from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including costs, reasonable attorneys’ fees, consequential damages and punitive damages), arising out of or resulting from, or alleged to arise out of or arise from, the performance of Vendor’s work under this contract whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; but only to the extent attributable to the negligence of the Vendor or any entity or individual for which it is legally responsible or vicariously liable and; regardless whether the claim is presented by an employee of Vendor. Such indemnity obligation shall not be limited in any way by any other obligation or liability of the Vendor contained in this contract or otherwise. This indemnification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Vendor under any workers’ compensation acts, disability benefits acts or other employee benefits acts. This indemnification shall be in addition to any indemnity liability imposed by the contract and shall survive the completion of the work performed under or the termination of the contract.

The Vendor’s assumption of liability is independent from, and not limited in any manner by the Vendor’s insurance coverage obtained pursuant to the terms of this contract.

18) Condition Precedent to Any Litigation. If a disagreement arises from or relates to this contract or the services performed and as a condition precedent to the commencement of any litigation between them, the City and Vendor agree to attempt to resolve any disagreement through direct negotiations between senior representatives of each party. If direct negotiations do not resolve the disagreement, the City and Vendor agree to consider using mutually acceptable nonbinding alternative dispute resolution to resolve any disagreements without litigation.

19) Effect of Final Payment. The acceptance of final payment by the Vendor shall constitute a waiver of all claims against the City by the Vendor arising under this contract.

20) Materiality of Any Breach. All words, clauses, terms, sentences, paragraphs, portions, parts, paragraphs, and sections of this contract are material. A breach by either the City or Vendor shall not constitute an excuse by the other party to fail to fully perform all other words, clauses, terms, sentences, paragraphs, portions, parts, paragraphs, and sections of this contract.

21) No Ambiguity. All words, clauses, terms, sentences, paragraphs, portions, parts, paragraphs, and sections of this contract, and this contract as a whole, are unambiguous.

22) No Presumption against Drafting Party. The City and Vendor agree that the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in any interpretation of this contract.

23) Integration of this Contract. This contract, including all attachments listed above, embodies the entire agreement between the City and Vendor, and each acknowledges that the other made no inducements, promises, terms, conditions, or obligations other than those expressly contained within the written terms of this contract. The written contract supersedes all prior agreements, understandings, or past practice between the City and Vendor.

24) Severability. If any court of competent jurisdiction holds any portion of this contract to be illegal, invalid, or unenforceable, the City and Vendor agree that any such order shall not affect any other remaining term, clause, phrase, paragraph, section, or provision and all shall remain in full force and effect.

25) No Third-Party Beneficiaries. There are no third-party beneficiaries to this contract.

26) The Vendor’s Status as an Independent Contractor. The Vendor will act as an independent contractor and not as an employee or agent of the City in performing the services required by the contract.

27) Non-Appropriation. The City’s obligation to make payments during any City fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. The City shall have the right to terminate the contract when whichever level of government—federal, state, or local— fails to appropriate or otherwise make available funds to support continuation of performance of this contract in a subsequent fiscal year.

28) The Vendor’s Contract Documents Subject to Public Records Law. The Vendor agrees that this contract, related purchase orders, related pricing documents, and invoices will be public documents, and may be available for public and private distribution in accordance with the Public Records Law, General Laws c. 66, et seq. The Vendor will provide the City copies of any documents requested under this law at no charge to the City or the requestor.

29) The Vendor’s Contract Documents Subject to Audit. The City shall have the right, at reasonable times, at a site designated by mutual agreement, to audit the books, documents, and records of the Vendor to the extent that the books, documents, and records relate to costs or pricing data for the contract. The Vendor agrees to maintain records that will support the prices charged and costs incurred for the contract. The Vendor shall preserve books, documents, and records that relate to costs or pricing data for the contract for a period of three (3) years from date of final payment. The Vendor shall give full and free access to all records to the City and its authorized representatives.

30) Certification as to Non-Collusion. The Vendor certifies, pursuant to General Laws c. 30, § 39M and c. 30B, § 10, that under the penalties of perjury that this bid or proposal is in all respects bona fide, fair, and has been made and submitted in good faith and without collusion or fraud with any other person, meaning any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

31) Certification as to Payment of State Taxes. The Vendor certifies, pursuant to General Laws

c. 62C, § 49A, that under the penalties of perjury that the Vendor complied, is complying, and will comply during the terms of this contract with all laws of the Commonwealth of Massachusetts relating to taxes.

32) Certification as to Conflict of Interest Laws. The Vendor certifies that no official or employee of the City has a financial interest in this contract or in the expected profit to arise from the contract, unless the Vendor and the City employee or official both have notified in writing the Mayor, with a copy to the City Solicitor, that the Vendor and the employee fully complied with the provisions of General Laws c.

43, § 27 (Interest in Public Contracts by Public Employees) and of provisions of General Laws c. 268A, § 20 (Conflict of Interest Law).

33) Attestation to Compliance of Tax Laws. The Vendor certifies that, pursuant to Chapter 233, Sections 35 and 36 of the Acts of 1983, it is in compliance with all laws relating to taxes.

34) Debarment. The Vendor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the U.S. government, the Commonwealth of Massachusetts, or any of its subdivisions.

35) Execution of Counterparts. The City and Vendor may execute this contract, or any subsequent amendments, in any number of counterparts. The City and Vendor agree each such counterpart will be considered and enforced as if an original and all counterparts together shall constitute the same.

36) Facsimile Signatures are Valid. The City and Vendor agree that they may receive and consider as facsimile signatures electronic signatures of authorized individuals, which the City and Vendor agree either may enforce as if valid, original written signatures. “Facsimile signature” means, for purposes of this contract, a reproduction of the manual signature of an authorized officer of either the City or Vendor.

37) Warranty of Authority. The person who signs this document on behalf of the Vendor acknowledges, warrants, and represents under the pains and penalties of perjury with their signature the following: they (a) are legally and mentally competent to execute this document; (b) are of legal age; (c) have the authority to bind with their signature, all plaintiffs in this action; (d) have carefully read all of the provisions of this Agreement with care and with the advice and counsel of any attorney of record and any other attorneys of his or her choice; and (e) know and fully understand each and every word, clause, term, sentence, paragraph, portion, part, paragraph, and section of this Agreement, and this Agreement as a whole. In affixing their signature below, they have affixed their signature to this document intentionally, willingly, and free from any compulsion or duress and as their own free act and deed after having obtained the advice and counsel of any attorney of record and any other attorneys of their choice.

For the “VENDOR”. For the City of Brockton:

Signature of Authorized Signatory City Department Head

Approved as to Form:

Printed Name and Title

Date Law Department

Approved:

Mayor

Date

BP-50M26_20260720_100308