IFB Sludge Removal Transportation and Final Disposal 9-22-26.pdf

CITY OF BROCKTON,

MASSACHUSETTS

DEPARTMENT OF PUBLIC WORKS

INVITATION FOR BIDS

SLUDGE REMOVAL, TRANSPORTATION, AND FINAL

DISPOSAL SERVICES CONTRACT NO. DPW-BID27-SLUDGE

SEPTEMBER 2026

MAYOR

HONORABLE MOISES M. RODRIGUES

COMMISSIONER OF PUBLIC WORKS

PATRICK HILL

CHIEF PROCUREMENT OFFICER

MICHAEL C. MORRIS

CITY OF BROCKTON, MASSACHUSETTS

SLUDGE REMOVAL, TRANSPORTATION, AND FINAL DISPOSAL

SERVICES CONTRACT NO. DPW-BID27-SLUDGE

TABLE OF CONTENTS

INTRODUCTION

BACKGROUND

GENERAL PROVISIONS

BID SUBMISSION REQUIREMENTS AND CONTENTS

APPENDIX A – BID FORM

APPENDIX B – CITY FORMS

APPENDIX C – DRAFT CONTRACT

APPENDIX D- HISTORICAL DATA

APPENDIX E – DESIGN DRAWINGS

APPENDIX F – 2023 IFB - ADDENDUM NO. 1 AND NO. 2

SLUDGE REMOVAL, TRANSPORTATION, AND FINAL DISPOSAL SERVICES

CONTRACT NO. DPW-BID27-SLUDGE

INVITATION TO BID

The Water and Sewer Division of the Department of Public Works in the City of Brockton is soliciting bids under M.G.L. Chapter 30B for the following:

REMOVAL, TRANSPORTATION, AND FINAL DISPOSAL OF SLUDGE

Bids are due on/before Thursday, October 22, 2026, at 11:00 a.m. EST on the BidNet Portal.

Bids will be publicly opened and read at or after 11:00 a.m. EST in the G.A.R. Conference Room on the 2nd Floor of Brockton City Hall (45 School Street, Brockton, MA 02301). All Bids submitted after 11:00 a.m. EST, Thursday, October 22, 2206 will not be accepted. The City of Brockton will only accept bids submitted electronically through the BidNet Portal.

If you need assistance with registration or with Bid Net, please contact Bid Net Vendor Support (Monday–Friday, 8:00 a.m. – 8:00 p.m.), Phone: (800) 835-4603 (option 3), Email:

support@bidnet.com.

The City will hold a one-time, optional site tour on Thursday, October 8, 2026, at 10:00 a.m. EST at the City of Brockton, Advanced Water Reclamation Facility (AWRF), 303 Oak Hill Way, Brockton, MA 02301. Attendance at the site tour is not mandatory for responding to this Invitation For Bids (IFB). Interested Bidders are requested to notify Chad Kershaw (email:

kershawcj@cdmsmith.com) of their interest to attend the site tour by no later than close of business on October 6, 2026. Tours at other dates or times will not be permitted.

Bid documents will be available on/after Thursday, September 24, 2026 at 1:00 p.m. EST. The Bid Documents may be downloaded from the City’s website: www.brockton.ma.us. Go to the Postings Tab, then click on See All Procurement Postings.

The Contract has a minimum one-year term, commencing on January 1, 2027 and ending on December 31, 2027. The City reserves the right to implement four, 6-month extensions such that the term of the Contract may extend up to a total of three years.

Each Bid shall contain the information required by and be submitted in accordance with the Instructions to Bidders and shall be accompanied by Bid Security in the amount of $150,000.00.

Bidders may not withdraw their Bids for a period of thirty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids. The Successful Bidder must furnish a Performance Bond on a form and with a surety company, approved by the City.

Award of the Contract will be contingent on the City’s needs, appropriation, and availability of funds. The City reserves the right to waive any informality in Bid response or to reject any or all Bids when it deems it to be in the best interest of the City.

The City of Brockton is an Equal Opportunity Employer.

CITY OF BROCKTON,

MASSACHUSETTS INVITATION

FOR BIDS FOR

SLUDGE REMOVAL, TRANSPORTATION AND FINAL DISPOSAL

SERVICES CONTRACT NO. DPW-BID27-SLUDGE

INSTRUCTIONS TO BIDDERS

INTRODUCTION

The City of Brockton, Department of Public Works, Water and Sewer Division is requesting Bids for the removal, transportation, and final disposal of sludge from the Brockton Advanced Water Reclamation Facility (hereinafter “AWRF” or “Site”) located at 303 Oak Hill Way, Brockton, Massachusetts 02301. The City is soliciting Bids for both dewatered cake and liquid sludge removal, transportation, and final disposal (the “Contract Services”).

The City will make an award to the most responsible and responsive Bidder who submits a Bid with the lowest weighted average of the costs for removal, transportation and disposal of dewatered sludge cake and liquid sludge, as further described in the Bid Form at Appendix A.

Bidders must meet the Minimum Qualifications Criteria described herein in order to be considered responsible and must provide all of the information required herein in order to be considered responsive.

The City will execute a Contract having a 1-year term starting on January 1, 2027 and ending on December 31, 2027. The City reserves the right to implement four (4), six-month extensions such that the overall contract duration may extend up to a total of three years.

BACKGROUND

The City is in southeastern Massachusetts, bordered by Easton on the west, Stoughton, Avon and Holbrook on the north, Abington, Whitman, and East Bridgewater on the east and West Bridgewater to the south. The City is approximately 20 miles south of Boston and 30 miles northeast of Providence, Rhode Island. The total land area is approximately 21.5 square miles and the population is approximately 106,100.

The current treatment system at the AWRF is designed for a capacity of 20.5 million gallons per day (mgd) with a current average daily flow of approximately 17.0 mgd. The City has made extensive improvements to both their liquid processing and solids processing capabilities over time. The Facility historically produces an estimated 19,000 wet tons per year of dewatered sludge ranging from 25 to 30 percent Total Solids. Additional historical data is included in Appendix D. The City’s AWRF contract operator is responsible for delivering dewatered sludge with a total solids content of 25 to 30 percent to the truck/trailers held on-site. Denali Water Solutions, LLC is currently under contract with the City to remove, transport, and dispose of the AWRF sludge until December 31, 2026. Note no liquid sludge has been removed and disposed of since 2018, when the AWRF incinerator was shutdown. The City would only request liquid sludge removal, transportation, and disposal services for centrifuge or cake conveyance system failure.

The wastewater treatment process is designed to provide a very high level of treatment, including

0.2 mg/l for total phosphorus. and 5.5 mg/l for total nitrogen. The liquid process includes screening and grit removal followed by primary clarification. Then biological nitrogen removal in the City’s activated sludge tanks, to secondary clarifiers, tertiary cloth filters for phosphorus removal, and finally ultraviolet disinfection. Chemicals are used throughout the process to add alkalinity for nitrification, to enhance settling and to achieve phosphorus removal.

Sludge processing consists of gravity belt thickeners for the thickening of waste activated sludge. Primary sludge is processed through gravity thickeners. Then thickened, mixed sludge is dewatered using two centrifuges. Each centrifuge is taken out of service for routine maintenance approximately every 15,000 operating hours. Rehabilitation takes approximately 2-3 weeks. The two centrifuges typically operate duty/standby.

Liquid sludge storage is in a large concrete tank upstream of dewatering. There are currently no dewatered sludge (cake) storage facilities. Sludge can be top loaded into a truck inside of an existing garage via a screw conveyor with 5 independently operated discharge chutes as shown in the drawings included in Appendix E. Also, there is a round-tarp onsite, which can be used to temporarily store an extra truck. Liquid sludge can be loaded into tanker trucks via a 6-inch pipe with cam-lock connection.

As the costs for removal, transport and disposal continue to rise, the City is also considering its alternative operations for long-term sludge management, including potential improvements to the AWRF to process the City’s sludge on-site. The City is considering a state-of-the-art, environmentally, socially, and economically beneficial technology for processing and disposal of biosolids generated from the City’s AWRF, and for the recovery and production of resources and saleable products, to maximize the beneficial use of biosolids from the City’s wastewater treatment process and reduce non-beneficial end-disposal.

Management of wastewater residuals are under study and increasing scrutiny due to concerns over the potential presence of Contaminants of Emerging Concern (CECs), namely Per- and polyfluoroalkyl substances (PFAS). Massachusetts, like other states, is studying the presence of PFAS in wastewater treatment plant residuals, including potential impacts from land application, landfilling, and incineration. Currently no regulatory limits for PFAS in wastewater treatment influent, effluent, or biosolids exist in Massachusetts. However, the City expects its selected Vendor to stay up to date and in compliance with emerging and established regulations governing the Contract Services, including those at the local, state, and federal levels related to PFAS in biosolids.

Included in Appendix F are Addendum No. 1 and Addendum No. 2 for the previous Sludge Removal, Transportation, and Final Disposal Services IFB (Project no. DPW-BID24- SLUDGE), which includes potential bidder questions and the City’s responses. These addenda are provided for the potential bidder’s information only and are not part of this IFB and/or the draft Contract (Appendix C).

GENERAL PROVISIONS

The schedule for this procurement is summarized in the table below. The City reserves the right to modify any or all of the dates included in the schedule.

Procurement Schedule

Activity Date

Issue IFB September 24, 2026

AWRF Site Tour October 8, 2026 at 10:00 AM

Final Bidder Questions October 15, 2026

Bid Package Due October 22, 2026 before 11:00AM

Evaluation of Bid Packages and Selection October 30, 2026

City Executes Service Contract November 30, 2026

Contractor Starts Providing Service January 1, 2027

A. Attention of all Bidders is directed to Chapter 30B of the General Laws of the

Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this Contract.

B. At the time of the opening of Bids, each Bidder shall be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to examine the Site, or any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his or her Bid. Bidders shall satisfy themselves as to the conditions affecting the proposed Contract Services and the associated costs. No information derived from any part of this IFB or from the City or its advisors shall relieve the Bidder from any risk or from providing all Contract Services and meeting the requirements of this IFB or the Contract.

C. The Contract will be awarded, subject to the availability of funds, to the lowest responsible and responsive Bidder (“Successful Bidder”). Such a Bidder shall have submitted a Bid which conforms in all respects to this IFB and shall possess the capability to perform fully the Contract requirements and the integrity and reliability to assure good faith performance. The City reserves the right to reject any and all Bids. The City further reserves the right to reissue this IFB should it determine no Successful Bidder responded.

D. The Successful Bidder must comply with all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this procurement and the Contract Services.

E. Minority-owned Business Enterprises (“MBE”) or Women-owned Business Enterprises (“WBE”) are strongly encouraged to submit Bids in response to this Invitation for Bids (“IFB”). For the purposes of this IFB, the term MBE or WBE shall mean a vendor who is certified as a minority business enterprise by the Massachusetts State Diversity Office (“SDO”), and who is certified at the time of the vendor’s proposal is submitted. All minority owned businesses are encouraged to apply for SDO certification. For further information on SOMWBA or access to SDO vendor lists, contact the State Office of Minority and Women- Owned Business Assistance.

F. The Successful Bidder and all of his/her Subcontractors shall agree that they will not discriminate on the grounds of race, age, color, religion, national origin, gender, sexual orientation, veteran status, or disability in the performance of the Contract.

G. Upon the completion of the IFB process as signified by either (a) the execution of the

Contract between the City and a contractor; or (b) the decision of the City not to proceed, written Bids, other submissions, correspondence, meeting minutes and notes shall be open and public in compliance with Massachusetts law and regulations governing public records.

Prior to that time, the City may release summaries of the contents of the Bids.

H. By submitting a Bid in response to this IFB, Bidders recognize and agree that the City will not be responsible or liable in any way for any losses that the Bidder may suffer from the disclosure of information or materials to third parties.

I. All Bid Packages are the property of the City and will not be returned. At the conclusion of the procurement process, the City may dispose of any and all copies of Bid packages received in whatever manner it deems appropriate. In no event will the City assume liability for any loss, damage or injury which may result from any disclosure or use of information marked as proprietary or confidential which occurs prior to the disposal of Bid packages.

BID SUBMISSION REQUIREMENTS AND CONTENTS

1. Bid Contents.

All Bidders must submit the following information with their Bid (in addition to the Bid Form) in order to be considered responsive to this IFB:

1.1 Completed standard City of Brockton Forms, located in Appendix B, including:

1.1.1 Addendum Acknowledgement Form;

1.1.2 Certificate of Non-Collusion;

1.1.3 Tax Compliance Certificate;

1.1.4 Certificate of Entity Authorization;

1.1.5 Invitation for Bids Certification;

1.1.6 Vendor Registration Form;

1.1.7 MBE/WBE Classification Statement;

1.1.8 Deviation Sheet;

1.1.9 Debarment Certification; and

1.1.10 Certificate of Insurance.

1.2 Transmittal Letter signed by the party authorized to make a formal bid on behalf of the Bidder. The letter shall indicate that the Bidder has carefully read the provisions of the IFB and should include a brief overview of the Bid.

1.3 A list of all contracts that Bidder is currently performing or has performed during the last five (5) years. Disclose any contract that was terminated early;

1.4 Evidence demonstrating that the Contractor and any Subcontractors shall have a minimum of five (5) years of experience in the transportation and disposal of wastewater sludge;

1.5 Customer references for at least three (3) sludge transportation and disposal projects of a similar size as the City’s AWRF, and include (i) company name, email-address, contact person, and responsibility; (ii) nature and amount of waste managed and method of disposal or beneficial reuse; (iii) period of time contractor performed service; and (iv) total annual dollar amount of service invoiced;

1.6 A list of the vehicles and equipment to be utilized to perform the Contract, as well as evidence demonstrating the capacity of the transport vehicles proposed to be used by the Bidder to perform the Contract;

1.7 Evidence of a secured primary and a back-up disposal site and/or a site for Beneficial Use, including the locations, addresses and contact information. The documentation submitted with the Bid shall be in the form of an agreement or evidence of an agreement between the Bidder and the owner/operator of the facilities where the Bidder is to transport the sludge (including a primary and back-up facility);

1.8 For the primary and back-up disposal sites, provide: (i) a minimum of three (3) relevant customer references from similar sludge producing entities of similar quantity and type as the City, and (ii) a sworn certification which shall specify at a minimum of all of the following: (1) daily maximum processing capacity for sewage sludge, (2) current daily quantity of sewage sludge processed, (3) the facility is in environmental compliance with all applicable laws and regulations;

1.9 Include the name, address and contact information of any proposed Subcontractor that will be used for transport capability, as well as information regarding owners and/or principals of such Subcontractors, including names, addresses and contact information;

1.10 Description of proposed method of disposing of the City’s residuals from the AWRF including schematic, complete inventory of process(es), and equipment (number, type, and capacity) sufficient to demonstrate the reliability and efficiency of installed technologies and equipment;

1.11 Evidence of the Bidder’s bond capacity from a surety company licensed to do business in the Commonwealth and whose name appear on the United States Treasury Department Circular 570;

1.12 A copy of the Bidder’s most recent, current audited financial statement, which must have been prepared and audited in accordance with generally accepted accounting principles;

and

1.13 List of the Bidder’s OSHA rating for the past three (3) years.

2. Minimum Qualifications Criteria

2.1 All Bidders must satisfy the Minimum Qualifications Criteria set forth in this Section in order to be considered responsible and to have their Bid further considered by the City. If a Bidder fails to meet the Minimum Qualifications Criteria, their Bid will be rejected.

2.1.1 Minimum Qualifications Criteria:

2.1.1.1 Minimum of five (5) years of experience in the transportation and disposal of wastewater sludge;

2.1.1.2 Sufficient equipment to perform the Contract, including vehicles registered, insured, and meet all other State and Federal Department of Transportation requirements;

2.1.1.3 The Successful Bidder shall hold valid State and/or Federal permits that may be required for the removal, transportation, disposal; and

2.1.1.4 Agreements with a primary and back-up disposal site acceptable to the

City for the sludge disposal. The disposal sites shall have a minimum of one (1) year of prior commercial operation.

3. Further Inquiry by the City

3.1 Bidders may be further investigated by City of Brockton to determine if they are responsible (i.e., capable of fully performing the Contract requirements and possess the integrity and reliability to assure good faith performance). All Bidders shall be prepared to submit within five days of the City’s request, additional written evidence of such information and the necessary data to make this determination.

3.2 The investigation of a Bidder will seek to determine whether the organization is adequate in size, has had previous experience, whether available equipment and financial resources are adequate to assure the City that the Contract Services will be delivered in accordance with the terms of the Contract, and has not been terminated for cause from any contract in the last five years.

3.3 The City reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy the City that such Bidder is capable of carrying out the obligations of the Contract.

4. Copies of Bid Documents

4.1 Complete sets of Procurement Documents shall be used in preparing Bids; the City nor does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Procurement Documents.

4.2 The City in making copies of Procurement Documents available does so only for the purpose of obtaining Bids and does not confer a license or grant for any other use.

5. Examination of Bid Documents

5.1 Before submitting a Bid, each Bidder must (a) examine the Procurement Documents thoroughly, (b) become familiar with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Contract Services; and (c) study and carefully correlate Bidder’s Bid with the requirements of the Procurement Documents and applicable law.

5.2 The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement of this Instruction to Bidders and that the Procurement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for providing the Contract Services.

6. Questions

6.1 All questions about the meaning or intent of the Procurement Documents shall be received by the City’s consultant, Chad Kershaw, kershawcj@cdmsmith.com, in writing by the date set forth in the Procurement Schedule above.

6.2 Written clarifications or interpretations will be issued by Addenda before the bid opening date. Only questions answered by formal written Addenda will be binding. Oral and other clarifications or interpretations will be without legal effect. Addenda will be posted on the Bidnet Portal.

6.3 Bidders are responsible for determining that they have received all Addenda issued and must submit an Addenda acknowledgment form with their Bid.

7. Pre-Bid Conference

7.1 The City will hold a one-time, optional Site tour on the date and time set forth in the Procurement Schedule above. Attendance at the Site tour is not mandatory for responding to this IFB. Interested Bidders are requested to notify the City’s consultant, Chad Kershaw, (email: kershawcj@cdmsmith.com) of their interest to attend the site tour by no later than close of business two previous business days. Tours at other dates or times will not be permitted.

8. Bid Security

8.1 Each Bid must be accompanied by bid bond, certified check, or a treasurer's or cashier's check issued by a responsible bank or trust company, payable to the City. The Bid Security shall be in the amount of $150,000.00. All Bid Securities except those of the three lowest responsible and responsive Bidders will be returned within five days, Saturdays, Sundays, and legal holidays excluded, after opening of the Bids. All Bid Securities will be returned on the execution of the Contract or if no award is made, within thirty days, excluding Saturdays, Sundays, and legal holidays after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated.

8.2 In case a Bidder to whom a Notice of Award is delivered shall fail or neglect to execute the Contract and furnish the satisfactory bond(s) within the time specified, the City may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void, and the Bid Security accompanying the Bid Form shall be forfeited to the City as liquidated damages for such failure or neglect. The Bidder must also indemnify the City for any loss which may be sustained by failure of the Bidder to execute the Contract and furnish the bond(s) as aforesaid, provided that the amount forfeited to the City for such failure or neglect shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and responsive Bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder at the discretion of the City. After execution of the Contract and acceptance of the bond(s) by the City, the Bid Security accompanying the Bid Form of the Successful Bidder will be returned.

9. Performance Bond

9.1 A performance bond shall be provided each year of the Contract, in accordance with the Contract, in an amount equal to one hundred percent (100%) of the total annual awarded amount of the Contract for that year, on a form approved in writing by the City.

9.2 Agents of bonding companies which write bonds for the performance of the Contract will be required to furnish the necessary power of attorney, bearing the seal of the company, and evidencing such agent’s authority to execute the particular type of bond to be furnished, as well as the right of the surety company to do business in the Commonwealth of Massachusetts. The performance bond shall be issued by a surety contractor: (1) approved by the City having a rating of “A” in the latest revision of the A.M. Best Contractor’s Insurance Report; (2) listed in the United States Treasury Department’s Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies”; and, (3) properly registered and licensed to conduct business in the Commonwealth. The performance bond shall be renewable prior to the start of each succeeding year of the Contract and shall be delivered to the City with proof of full payment of the premium within one hundred twenty (120) days prior to the expiration of the existing bond. The expenses of meeting and maintaining this bond requirement are the sole responsibility of the contractor. The failure by the contractor to provide such bond by such date shall constitute an immediate event of default. The bond must provide that in the event of a default by the contractor in payment of compensation due to the City or in the event of other loss to the City, arising from the contractor’s performance of the Contract, the City may draw down such sums immediately upon presentation of the instrument without notice to the contractor.

9.3 All Bonds required as Contract Security shall be furnished by the accepted contractor with the executed Contract.

10. Bid Form

10.1 Each Bid shall be submitted on the Bid Form on the pages appended to the Procurement Documents. One such copy of the Bid Form shall be removed and submitted separately.

All blank spaces must be filled in.

10.2 The Bid price of each item on the form shall be stated in words and figures. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

10.3 Firm bids are required. Conditional bids will not be considered.

10.4 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary.

The corporate address and state of incorporation shall be shown below the signature.

10.5 Bids by Limited Liability Companies shall be executed in the Limited Liability name by the Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability Company was formed shall be shown below the signature.

10.6 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

10.7 All names shall be typed or printed below the signature.

10.8 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

10.9 The address to which communications regarding the Bid are to be directed shall be shown.

10.10 The Bid Form shall be accompanied by Standard City of Brockton forms (Appendix B) and the information and documentation described in Article 1 hereof.

10.11 Bids shall be uploaded to the BidNet Portal by the date set forth in the Procurement Schedule above. All Bids submitted after this time will not be accepted. The City of Brockton will only accept bids submitted electronically through the BidNet Portal.

11. Receipt of Bids

11.1 Bids will be received at the time and date indicated in the Invitation to Bid.

11.2 The City may reject any Bid not prepared and submitted in accordance with the provisions hereof.

11.3 Bidders are cautioned that it is the responsibility of each individual Bidder to assure that their Bid was properly uploaded to the BidNet Portal prior to the stated date and time of the Bid Opening. Owner is not responsible for bids delayed by failure of upload to the Bidnet Portal, of any nature.

12. Modification and Withdrawal of Bids

12.1 Bids may be modified only by an appropriate document duly executed (in the manner that a Bid must be executed) and resubmitted via the BidNet Portal at any time prior to the opening of Bids.

12.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

12.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of thirty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids.

13. Award of Contract

13.1 The Contract may be awarded to the most responsible and responsive Bidder who submits a Bid with the lowest weighted average of the costs for removal, transportation and disposal of dewatered sludge cake and liquid sludge. Such a Bidder shall have the capability to perform fully the Contract requirements, and the integrity and reliability which assures good faith performance.

13.2 The City reserves the right to reject any and all Bids, to waive any and all informalities if it is in the City’s best interest to do so, and the right to disregard and reject all nonconforming, non-responsive or conditional Bids. The City reserves right to waive any minimum qualification criteria only if it determines it is necessary to do so in order to achieve the objectives of this procurement and is in the public interest. The Chief Procurement Officer shall issue such determination in writing. Any such waiver shall be equally applied to all Bids.

13.3 The City also reserves the right to reject the Bid of any Bidder that the City determines is not responsible or the Bid of any Bidder that includes a deviation that the City considers unacceptable.

13.4 If the Contract is to be awarded, the City will give the Successful Bidder a Notice of Award within thirty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids. All Bids shall remain open for thirty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids but the City may, at the City’s sole discretion, release any Bid and return the Bid Security prior to that date.

14. Execution of Contract

14.1 Within five days, excluding Saturdays, Sundays, and legal holidays, after the date of receipt of a Notice of Award to the Successful Bidder, the Successful Bidder shall execute and return the Contract and all other applicable Contract Documents to the City. Within twenty days thereafter the City will deliver one fully signed copy to the Successful Bidder.

15. Competitive Bidding

15.1 The bidding and award of the Contract shall be in full compliance with Section 30B of the General Laws of the Commonwealth of Massachusetts as last revised.

16. Price Adjustments

16.1 Due to the uncertainty of price of certain materials (diesel fuel and gasoline, sludge disposal market), price adjustments will be limited to a single 2 percent increase per year.

APPENDIX A – BID FORM

BID FORM

TO

CITY OF BROCKTON, MASSACHUSETTS

SLUDGE REMOVAL, TRANSPORATION, AND FINAL DISPOSAL SERVICES

The undersigned declares that the only persons or parties interested in this Bid as principals are as stated; that the Bid is made without any collusion with other persons, firms, or corporations; that all the Bid Documents dated September 2026 have been carefully examined; that the undersigned is fully informed in regard to all conditions pertaining to the Contract Services and the place where they are to be delivered, and from them the undersigned makes this Bid. These prices shall cover all expenses incurred in providing the Contract Services required under the Procurement

Documents, of which this Bid Form is a part.

If a Notice of Award accompanied by at least six unsigned copies of the Contract and all other applicable Contract Documents is delivered to the undersigned within thirty days, excluding

Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids, the undersigned will within five days, excluding Saturdays, Sundays, and legal holidays, after the date of receipt of such notification, execute and return all copies of the Contract and all other applicable

Contract Documents to the City. The premiums for all Bonds required shall be paid by Bidder and shall be included in the Contract Price. The undersigned further agrees that the Bid Security accompanying this Bid shall become the property of the City if the Bidder fails to execute the

Contract as stated above.

The Bid Security accompanying this Bid shall be in the amount of $150,000.00. The undersigned hereby agrees that the Contract Term shall commence on the Effective Date of the Contract and to fully complete the removal, transportation, and disposal of sludge in accordance with the terms stated in the Contract. As further detailed in the Contract, the undersigned further agrees to pay the City, as liquidated damages, $7,500 per day for each calendar day that sludge is not removed from the Site as required by the Contract.

In accordance with the above understanding, the undersigned proposes to furnish all Contract

Services for dewatered sludge cake removal, transportation, and final disposition, and complete the Contract Services in their entirety in the manner and under the conditions required at the price of:

A.___________________________________________________________________________ per wet ton ($ /wet ton) (amount in words)

In the event the OWNER chooses to dispose of liquid sludge, the undersigned shall furnish all

Contract Services for liquid sludge removal, transportation, and disposal, and complete the

Contract Services in their entirety in the manner and under the conditions required at the price of:

B. __________________________________________________________________________________ per gallon at 4-8% total solids ($ /per gallon) (amount in words)

Bids meeting all the requirements of this IFB will be evaluated and selected based on the lowest weighted average of the dewatered sludge cake and liquid sludge removal, transportation, and disposal costs. The following defines how the weighted average will be calculated:

Bid Selection Value ($/dry ton) = (X x 95%) + (Y x 5%)

X = A/0.27 Y = B x 2000 /8.33 / 0.06

Where:

A = Sludge cake Unit Price ($/wet ton) B = Liquid Sludge Unit Price ($/gallon)

The undersigned also agrees to complete the work required to properly remove, transport, and dispose of sludge generated at the AWRF in accordance with the Contract is the sole responsibility of the undersigned. If the undersigned has failed to accurately determine the level of effort and costs associated with the requirements set forth in the Contract, the City will not pay additional amounts beyond the price listed above in this Bid Form.

The Bid Forms and additional information as noted must be completed and submitted as part of the Bid. Also, the undersigned must complete and submit as part of the Bid the information required in the Instructions to Bidders.

The procurement and award of this Contract will be in accordance with M.G.L. Chapter 30B of the General Laws of the Commonwealth of Massachusetts as last revised.

Amounts shall be shown in both words and figures, where indicated. In case of discrepancy, the amount shown in words will govern.

The above prices shall include the premiums for all Bonds required, and all labor, materials, delivery, overhead, profit, insurance, and incidentals required to complete the Contract Service The names and residences of all persons and parties interested in the foregoing Bid as principals are as follows:

(Give first and last names in full. In the case of a corporation, see Section 10.4 of the Instructions to Bidders, in the case of a limited liability company (LLC), see Section 10.5 of the Instruction to Bidders, in the case of a partnership, see Section 10.6 of the Instructions to Bidders.)

Notice of acceptance should be mailed, e-mailed, or delivered to the undersigned Bidder at the following address:

(Name of Bidder)

(Title)

(Business Address)

(City and State)

(E-mail)

(Date)

Note: If the Bidder is a corporation, indicate State of incorporation under signature, and affix corporate seal; if a limited liability company, indicate State of formation under signature; if a partnership, give full names and residential addresses, if different from business address.

APPENDIX B – CITY FORMS

Bid Form 1

ADDENDUM ACKNOWLEDGEMENT FORM

The undersigned hereby acknowledges receipt of the following Addenda (if any) to that certain Invitation for Bids known as “The City of Brockton, Massachusetts IFB for Sludge Removal, Transportation, and Final Disposal Services Contract, dated September 2026:

Addendum No. Dated

Person, firm, or entity making this Bid:

Bidder

Signature

Name

Title

Date

Bid Form 2

CERTIFICATE OF NON-COLLUSION AND NO CONFLICT

On this ___ day of __________, 2026 the undersigned hereby certifies, represents, and warrants to the City of Brockton, Massachusetts (the “City”) under the pains and penalties of perjury that:

(i) the Bid submitted by the undersigned in response to the hereinafter described IFB has been made and submitted in good faith and without collusion or fraud of any kind with any other person, entity, or party whatsoever;

(ii) the undersigned Bidder has not colluded, conspired, connived or agreed, directly or indirectly, contingently or otherwise, with any person, entity or party whatsoever to submit a sham bid or for any person, entity or party whatsoever to refrain from bidding, and has not in any manner, directly or indirectly, contingently or otherwise, sought to fix the bid price or any other element of the bid of the undersigned Bidder or any other Bidder;

(iii) the Bid submitted by the undersigned Bidder is in all respects bona fide and fair;

(iv) the Bidder has reviewed all of its engagements and pending engagements and that, in making this Bid, no potential for conflict of interest or unfair advantage exists; and

(v) neither the Bidder nor any member of the Bidder's team is currently suspended or debarred from doing business with any government entity.

This Certificate is submitted in response to that certain Invitation to Bid on the City’s Sludge Removal, Transportation, and Final Sludge Disposal Contract (the “IFB”).

The undersigned certifies, represents, and warrants that it is duly authorized to execute and deliver this Certificate, and the undersigned acknowledges and agrees that said City may rely upon the contents of this Certificate.

Print Bidder Entity Name

By: _____________________________________ Print Authorized Signatory’s Name

Signature

Its: ______________________________________ Print Authorized Signatory’s Title

Bid Form 3

TAX COMPLIANCE CERTIFICATE

Pursuant to M.G.L. c. 62C §49A, on this ___ day of __________, 2026 the undersigned hereby certifies, represents and warrants to the City of Brockton, Massachusetts (the “City”) under the pains and penalties of perjury that the Proposer has complied with all laws, rules, statutes, regulations, orders, codes and the like of the Commonwealth of Massachusetts with respect to taxes and taxation, reporting of employees and contractors, and withholding and remitting of child support.

This Certificate is delivered to the City in response to that certain Invitation to Bid on the City’s Sludge Removal, Transportation, and Final Sludge Disposal Contract.

The undersigned certifies, represents, and warrants that it is duly authorized to execute and deliver this Certificate, the contents hereof are true, correct, complete and accurate in all respects, and the undersigned acknowledges and agrees that said City may rely upon the contents of this Certificate.

This Certificate is executed under the pains and penalties of perjury.

By: _____________________________________ Print Authorized Signatory’s Name

Bid Form 4

CERTIFICATE OF ENTITY AUTHORIZATION

I, ___________________________ (name), in my capacity as _________________________ (title) of ________________________________ (entity name), a _______________________________ (entity type) organized under the laws of ________________________________ (state/commonwealth) (the “Company”), do hereby certify that:

1.) I am the duly elected ____________________ (title) of the Company and am fully authorized to execute and deliver this Certificate on behalf of the Company and to bind the Company to its terms;

2.) At a meeting duly called and held the ______________________ (members, shareholders, partners, etc.) of the Company:

(i) unanimously voted to approve the Company’s submission of its Invitation to

Bid on the City’s Sludge Removal, Transportation, and Final Sludge Disposal Contract (the “IFB”) in the form and containing the substance as submitted herewith; and

(ii) unanimously voted to authorize the Company’s entering into the Contract as set forth in said Invitation for Bid, subject only to final negotiation by the City of Brockton and approval by the said City’s City Council (the “Contract”).

3.) I, as well as the following additional parties, are authorized to execute agreements, contracts, documents, instruments, and the like on behalf of the Company with respect to the IFB and the contract so as to bind the Company thereto:

_______________________ (name) _________________________ (title)

4.) The authorizations discussed in this Certificate have not been revoked, annulled, or amended in any manner whatsoever, and the same remain in full force and effect.

5.) The contents of this Certificate are true, accurate, correct, and complete, and the City of Brockton, Massachusetts and its subdivisions, employees and agents may rely on the

[Signature to Follow]

I have hereunto set my hand on this __ day of _________, 2026 in my capacity as _________________________ (title) of the Company.

Print Name

Print Title

STATE/COMMONWEALTH OF _____________________

COUNTY OF ______________________________________

On this __ day of ___________, 2026 before me personally appeared ________________________ (name) _____________________ (title) of ______________________ (entity name), a ___________________ (entity type) organized under the laws of __________________________ (state/commonwealth), proved to me through satisfactory evidence, which was ____________________________, to be the person whose name is signed to the foregoing Certificate of Entity Authorization, and who acknowledged him/herself as the __________________ (title) of said entity and the party executing the foregoing Certificate of Entity Authorization for the purposes therein contained, and he/she stated that he/she executes the same voluntarily as his/her free act and deed and the free act and deed of said entity.

Notary Public: _______________________

My Commission Expires: ______________

Bid Form 5

INVITATION TO BID CERTIFICATION

This Certificate is delivered to the City in response to that certain Invitation to Bid on the City’s Sludge Removal, Transportation, and Final Sludge Disposal Contract.

I, ___________________________ (name), in my capacity as _________________________ (title) of ________________________________ (entity name), a _______________________________ (entity type) organized under the laws of ________________________________ (state/commonwealth) (the “Company”), do hereby represent, warrant and certify that:

1.) I am the duly elected ____________________ (title) of the Company and am fully authorized to execute and deliver this Certificate on behalf of the Company and to bind the Company to its terms;

2.) The Company has carefully examined the IFB and all attachments thereto, and all subsequently issued addenda thereto (collectively, the “IFB Documents”), and has obtained a thorough knowledge and understanding of their terms;

3.) The Company fully understands, acknowledges, and agrees that failure to thoroughly examine the IFB Documents or to visit and examine the Site shall in no way relieve the Company of any obligation with respect to its Bid or any of the IFB Documents;

4.) The Company fully understands, acknowledges and agrees that statements made by the

City in or in connection with the IFB, including those made at any time in the future, are provided solely to assist Bidders, and Bidders must themselves investigate and verify all facts and circumstances relevant or material to any of the IFB Documents and/or the transactions contemplated thereby. The Company fully understands, acknowledges, and agrees that the City makes no representation, warranty, or guaranty as to the accuracy of any such information. The Company has independently investigated and verified and is satisfied with all facts and circumstances affecting its interests and has submitted its Bid solely in reliance upon such independent investigation and verification;

5.) The Company has communicated all errors and discrepancies found in the IFB or any of the other IFB Documents to the City in writing prior to the submission of its Bid.

The Company shall bear the risk of all errors and discrepancies in the IFB Documents that are obvious and/or of which it knew or should have known;

6.) The Company possesses the means, ability, and wherewithal to fully and timely comply with all provisions of the IFB and to perform all related obligations, including, without limitation, the financial means to fully and timely perform all of its obligations under the IFB and the contract.

7.) The contents of this Certificate are true, accurate, correct, and complete, and the City of Brockton, Massachusetts and its subdivisions, employees and agents may rely on the

I have hereunto set my hand on this __ day of _________, 2026 in my capacity as _________________________ (title) of the Company.

Print Name

Print Title

STATE/COMMONWEALTH OF _____________________

COUNTY OF ______________________________________

On this __ day of ___________, 2026 before me personally appeared ________________________ (name) _____________________ (title) of ______________________ (entity name), a ___________________ (entity type) organized under the laws of __________________________ (state/commonwealth), proved to me through satisfactory evidence, which was ____________________________, to be the person whose name is signed to the foregoing Request for Proposals Certification, and who acknowledged him/herself as the __________________ (title) of said entity and the party executing the foregoing Request for Proposals Certification for the purposes therein contained, and he/she stated that he/she executes the same voluntarily as his/her free act and deed and the free act and deed of said entity.

Notary Public: _______________________

My Commission Expires: ______________

Bid Form 6

VENDOR REGISTRATION FORM

TO BE COMPLETED BY ALL VENDORS:

TYPED/PRINTED NAME AND TITLE: ___________________________________________

SIGNATURE: _____________________________________ DATE: _____________________

PROPER LEGAL NAME OF BUSINESS ENTITY: __________________________________

FEIN or SOCIAL SECURITY NUMBER if FEIN is N/A: ______________________________

BUSINESS ADDRESS: _________________________________________________________

TELEPHONE NO: _____________________________ FAX NO:_______________________

EMAIL ADDRESS: ____________________________________________________________

IF CORPORATION:

1. GIVE YOUR CORRECT CORPORATE NAME:

2. STATE AND DATE OF INCORPORATION:

3. IF FOREIGN CORPORATION, GIVE MASSACHUSETTS REGISTRATION DATE:

IF FOREIGN BUSINESS ENTITY TRANSACTING BUSINESS IN MA, GIVE

NAME/ADDRESS OF RESIDENT/REGISTERED AGENT IN MA (REQUIRED):

IF COMPANY, GIVE the OWNER’S NAME AND TITLE:

IF PARTNERSHIP, GIVE NAMES AND ADDRESSES OF PARTNERS:

IF TRUST OR LEGAL ENTITY, GIVE NAMES AND ADDRESSES OF TRUST OR

LEGAL ENTITY:

Bid Form 7

MINORITY/WOMEN BUSINESS CLASSIFICATION STATEMENT

1. Our firm is principally (more than 50%) minority owned.

YES__________ NO____________

2. Our firm is principally (more than 50%) woman owned.

YES__________ NO____________

3. Our firm is registered with S.O.M.B.A. (State Office of Minority & Business Assistance)

YES____NO____

SOMWBA CERTIFICATION CATEGORY:____ / MBE______WBE______

By: _____________________________________ Print Authorized Signatory’s Name

Signature

Bid Form 8

DEVIATION SHEET

All deviations and/or substitutions from the original specified items (or equal) must be noticed in writing in this Deviation Sheet. Additional pages may be used if necessary. These items shall be approved by the lead department for compatibility, workmanship, and functionality before award of contract.

Please List Below:

COMPANY: __________________________________________________________________

TYPED NAME: _______________________________________________________________

SIGNATURE: _________________________________________________________________

TITLE: ______________________________________________________________________

Bid Form 9

DEBARMENT CERTIFICATION

In connection with this bid and all procurement transactions, by signature thereon, the respondent certifies that neither the company nor its principals are suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts, procurement or non-procurement programs from the Commonwealth of Massachusetts, the US Federal

Government, and/or the City of Brockton. “Principal” means supervisory responsibilities with the business entity. Vendors shall provide immediate written notification to the Chief Procurement

Officer of the City of Brockton at any time during the period of the contract or prior to the contract award if the vendor learns of any changed condition with regards to the debarment of the firm or its officers.

This certification is a material representation of fact upon which reliance will be…