IFB Unidirectional Flushing Program.pdf

TOWN OF YARMOUTH, MASSACHUSETTS

I146 Route 28

South Yarmouth, MA 02664 (so8) 398-2231

INVITATION FOR BIDS

FOR

Unidirectional Flushing Program

Bids Due: September 30,2021no later than 2:fi) p.m.

NOTE: This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid document and all associated documents to check the Town of Yarmouth Website for any addenda or modification to this solicitation, if they intend to respond. The Town of Yarmouth accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document or documents obtained from a source other than the Town. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

TOWN OF YARMOUTH, MASSACHUSETTS

INVITATION FOR BIDS FOR

Unidirectional Flushing

TABLE OF CONTENTS

1.0 Introduction

l.l Purpose

1.2 Background Information

2.0 Summarv Information and Calendar

3.0 Scope ofServices and Snecifications

3.I Purchase Description/Scope of Services

3.2 Contract Term Length and Renewal Options

3.3 Substitutions

3.4 Work Schedule, Time Limits, and Notice to Proceed

3.3 Additional Information or Specifications

4.0 Information & Instructions to Bidders

4.1 Issuing Office

4.2 Notice of Pre-Bid Conference

4.3 Questions and Clarifications

4.4 Changes to the IFB (addenda)

4.5 Bid Deposits

4.6 Responsive Bid (includes submission requirements and bid specifications)

4.7 Bid Acceptance and Rejection

4.8 Incorporation of Bid Content

4.9 Expenses

4.10 Term of Validity of Bids

4.ll Acceptance of IFB Terms and Conditions, Bidder Representations

4.12 Bid Modifications and Withdrawals

4.13 Unexpected Closure or Delays

4.14 Late Submissions

4.15 Rule for Award

4.16 Execution of Contract

4.17 Taxes

4.18 Performance Bonds and Payment Bonds

4.19 Insurance

4.2O Licenses and Permits

4.21 Indemnification

5.0 Form of Submission

5.1 Submission Requirements

6.0 Minimum Criteria

APPENDICES

Appendix 1 Attachments - as indicated; Prevailing wage rates:2O210917-OO3

Scope of Services-Unidirectional Flushing Bid Form pages BFI-BF3

1. INTRODUCTION

1.1 Purpose

On behalf of the Town of Yarmouth, the Chief Procurement Officer (CPO) is soliciting responses from interesting parties to provide unidirectional flushing services. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B.

1.2 Background Information

The Yarmouth Department of Public Works Water Division is seeking a Contractor to assist with the implementation of its unidirectional flushing (UDF) plan. The plan was developed several years ago, but never implemented. The Town intends to flush 207c of the water system per year over the next five years.

The UDF plan includes 63 zones. The goal is to flush 12 zones in the first year. This contract is for the first year only with the possibility of extending and additional two years. The first year of flushing will begin in the fall of 2021and will continue in the spring of 2022, as weather allows. The water system includes approximately 2,115 hydrants, however, only 1,040 are operated as part of the UDF plan

2. SUMMARY INFORMATION AND CALENDAR

Procurement Contact Laura Hayden, DPW Administrative Supervisor lhayden @yarmouth.ma.us

508.398.2231 ext. 1250

EVENT DATE DESCRIPTION

Advertisement September 13, Advertisements will be posted in the Register newspaper; Massachusetts' online procurement platform: COMMBUYS; Goods and Services Bulletin and on the Town of Yarmouth Website.

Invitation for Bid Available September 13,2021 IFB documents containing information and details of bidding requirements may be obtained at:

74 Town Brook Road, West Yarmouth, MA 02673 or by email request using the following email:

lhayden @yarmouth.ma.us or on-line at the Town's website http://www.yarmouth.ma.us/ "Doing Business" page

Time And Place For Pre-Bid Conference

Not applicable A pre-bid conference is not anticipated.

Deadline for Written Questions September 24, 2021 at l0:00 a.m.

Via email onlv to: lhayden@yarmouth.ma.us Clearly label questions by using the following subject line: QUESTION - Unidirectional Flushing IFB

Addenda May be issued up to 4 days prior to the due date of responses.

If any changes are made to this bid, an addendum will be issued. Addenda will be e-mailed to all bidders on record as having received the bid package and posted to the Town's Website. All respondents are required to acknowledge all addenda in their response.

When and Where Bids are Due, IFB Opening

September 30, 2021By 2:00 p.m.

localtime

Bids must be received by the due date and time at:

74 Town Brook Road, West Yarmouth, MA02673 Late submissions will not be considered. No faxed or emailed submissions will be accepted. Bids will be opened at this date/time, the Bidder and Price will be announced.

Antic pated Evaluation Period 9t30t2l-t0l3l2t Antic pated Award Oct.6,2021 Contract executed Within 90 days of the due date

Prior to Cont 'act Execution Bid Deposit nla Not Required for this procurement

Payment Bond nla Not Required for this procurement

Performance Bond nla Not Required for this procurement

Insurance Refer to contract terms

Cenificate of insurance will need to be provided upon execution of the contract

3. SCOPE OF SERVICES AND SPECIFICATIONS

3.1 Purchase Description/Scope of Services

The Town is seeking unidirectional flushing services; specific items are included in Attachment A, Bid Form.

3.2 Contract Term Length and Renewal Options

After selection of the lowest responsible and responsive bid, a written contract containing the terms of this IFB and the bidder's response shall be executed by the successful respondent and the Town.

The contract period is for one year from the execution date. The Town anticipates October 5,2OZl starl date; however, the actual period will be determined as mutually agreed upon between the Town and successful respondent.

At the expiration of the initial one-year contract period, the Town, at its sole discretion, may extend the contract up to two additional one-year periods to provide ongoing assistance and implementation advice related to the scope of services completed in year I of the contract. Extensions are offered on a year by year basis. In no event will the term ofthe contract, including extensions, exceed three (3) years.

The terms and conditions are specified in the Contract attached to this IFB as Exhibit l. Any terms or conditions imposed by a respondent must be contained within their response and must not conflict with the requirements and/or specifications contained within this IFB.

3.3 Substitution

Bids shall be based on using the products as specified and provided in the IFB documents. Where several materials are specified by name for one use, any of those so specified may be supplied.

Whenever the specified products are specified exclusively by trade name, by manufacturer's name or by catalog reference, only such items shall be provided, unless the Town's written approval for substitution is secured in accordance with the conditions of the IFB and/or contract.

3.4 Work Schedule. Time Limits. and Notice to Proceed

When required by the IFB documents, bidders shall furnish a proposed work schedule, in writing, with their bid. A final work schedule shall be submitted at the time of delivery of the executed contract to the Town, allowing for completion of the contract work prior to the date specified in the IFB documents and final contract. The Town will review the completed documents, proposed schedule, ask for revisions or corrections, if any, and issue a "Notice to Proceed," indicating the Town's agreement with the final contract terms and schedule. Work may begin upon receipt of the Notice to Proceed.

3.5 Additional Information or Specifications

All bids must contain the vendor's item number next to the product. All invoices must contain the same item number as in the bid for each product.

4.INFORMATION & INSTRUCTIONS TO BIDDERS

4.1. Issuine Office

This IFB is issued by the Public Works Department on behalf of the Town of Yarmouth. The contact for the Department is: Unidirectional Flushing

Yarmouth Department of Public Works 74 Town Brook Road, West Yarmouth, M402673 Lhayden @ yarmouth. ma.us

This Departrnent will follow the requirements of Massachusetts General Laws and the instructions noted below in administering this IFB process, including responding to questions and clarifications resulting from this IFB.

4.2. Notice of Pre-Bid Conference

At that time, prospective proposers can discuss with representatives of the Town any questions or concerns they might have regarding the Bid, its scope of services, and specifications. Subsequent to this meeting, if necessary, an Addendum will be issued in order to clarify any questions that may arise as a result of the conference.

Not applicable for this IFB - There is no pre-bid conference.

4.3. Ouestions and Clarifications

Questions requiring clarification shall be submitted in writing via email only to the DPW Administrator Supervisor at lhayden@yarmouth.ma.us or Water/lVastewater Superintendent lruszala@yarmouth.ma.us.

Questions must be submitted no later than 5 days prior to the due date of response for this IFB. This affords the Town adequate time to respond with a correction or additional information prior to the deadline for submission of bids. Should it be found necessary, a written addendum will be incorporated into the IFB and will become part of the Contract. Those who have received a copy of the IFB will be notified of such changes.

4.4. Changes to the IFB (Addenda)

This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 308, and all contracts must be strictly awarded in accordance with the requirements of the

Invitation for Bid. The Town has no discretion under the law to consider bids that fail to comply with those requirements, except for minor informalities as permitted by M.G.L. Chapter 30B Section 5(0. If it becomes necessary to revise any part of this IFB or otherwise provide additional information, an addendum will be issued to all prospective bidders who received copies ofthe original request.

Each Respondent shall acknowledge receipt of any and all addendum issued to the Invitation for Bid by so indicating in their response. Failure to do so may be cause to reject the Bid as being unresponsive.

Addenda will be emailed; if an email address was not provided, then it will be faxed. If a fax number was not provided, then the addenda will be mailed. Addenda will also be posted to the website. Please check back on the website for addendums before submitting your Bid to the Town. Respondents may not be notified individually of Addendums. Failure of a Respondent to receive or acknowledge any addendum shall not release the Respondents from the obligations under their response.

4.5. Bid Deposits -Not required/applicable for this I.F.B./contact.

4.6. Responsive Bid

A responsive bid is one that has been properly, and timely submitted in a sealed envelope contains all required attachments and follows the form of submission outlined below and in Section 5 of this IFB.

4.6.1. Submission Requirements

Bids must be submitted by the due date and time and submitted in a sealed envelope as follows:

One (l) original bid.

The Bid must be placed in its own, sealed envelope which is marked:

"BID ENCLOSED FOR - Unidirectional Flushing" Submitted by: (Name of Respondent/Bidder)

Bids shall be delivered or mailed to the following address:

Office of the Department of Public Works Attention: Laura Hayden, Administrative Supervisor 74 Town Brook Road West Yarmouth, MA 02673

All bids must be received no later than 2:00 p.m., local time, on September 30,2021. Bids or any parts thereof received after the time and date stated above will be rejected as non-responsive to the IFB Delivery of bids to any office or location other than the location specified above will not constitute receipt by the

Town. It is the sole responsibility of the Respondent to ensure that bids are received at the proper location, prior to the stated deadline. Respondents should plan accordingly for a timely delivery. Faxed or emailed bids will not be accepted.

4.6.2. Bid Specifications

o Bids must follow the specifications and requirements outlined in Section 5 of this IFB.

o The Respondent should ensure their Bid provides the information and/or documentation necessary to satisfy the Minimum Criteria set forth in Section 6 of this IFB.

o The Respondent should ensure their Bid acknowledges all addendum(s) have been received and includes all required attachments as indicated in Section 5 of this IFB.

4.7. Bid Acceptance and Reiection

Notice of the acceptance of the Bid will be provided to the successful proposer via a Notice of Award letter from the Town, which shall include the agreed upon Contract between the Town of Yarmouth and the Respondent. The Respondent shall deliver the Contract, duly signed, and properly executed, within ten ( l0) calendar days of receipt of the notice of acceptance. The acceptance of the Bid shall bind the successful bidder to the Contract. The rights and obligations provided for in the Contract shall become effective and binding upon the parties only upon its formal execution.

The Town reserves the right to reject any or all bids, or any part(s) thereof, if in the best interest of either to do so and to amend any contract to the extent permitted by law and as the Town deems to be in their best interest. The Town reserves the right to waive any mistakes or informalities in the bids received and may request supplementary information from any particular bidder if it is determined that the granting of such waiver or the receipt of such additional information would be in the best interest of the Town.

Each ''Out-of-State" bidder shall furnish with its Bid a certification from the Office of the Secretary of State verifying that it is legally authorized to do business in the Commonwealth of Massachusetts.

Any bid which fails to include any material information or documentation specified in the bid submission requirements is non-responsive and will be rejected.

Discrepancies between words and figures will be resolved in favor of written 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.

In the event there are tied best prices from responsive and responsible bidders, the following methods of breaking the tie shall be employed unless otherwise provided for in the bid documents:

The names of the tied bidders' will be written on a piece of paper and placed in a container. The award shall then be made to the bidder whose slip of paper is drawn from the container. This drawing will be performed with at least one witness, and be performed in the presence of the tied bidders unless they waive their right to be present.

4.8. Incorporation of Bid Content

All or part of the successful Bid submitted shall become incorporated into the final contract documents.

4.9. Expenses

Expenses for developing bids are entirely the responsibility ofthe bidder and shall not be chargeable in any manner to the Town. All costs of meeting the requirements of this IFB and any resulting contracts, including those for insurance, professional services, or licensure, shall likewise be the exclusive responsibility of the proposer and not the Town.

4.10. Term of Validitv of Bids

All bids shall remain valid for a minimum period of 90 days from the due date, and the Respondent shall specifically reference said provision within their bids. Negligence on the part of the Respondent in preparing the Bid confers no rights for the withdrawal of the proposal after it has been opened.

4.11. Acceptance if IFB. Terms and Conditions. Bidders Representations

Submission of a bid shall be conclusive evidence that the Respondent has examined this IFB and is familiar with terms of this IFB and all provisions of the Contract included with this IFB, and accepts all terms and conditions of both. Upon finding any omissions or discrepancies in this IFB, each Respondent shall notify the Town immediately so that any necessary addenda may be issued. Failure of a Respondent to investigate completely this IFB and/or to be thoroughly familiar with this IFB shall in no way relieve the Respondent from any obligation with regards to their Bid.

Each Respondent represents they understand the bidding documents, including any reports, test results, drawings, or other documents provided pursuant to this IFB If required or needed, a site visit was completed in order to become familiar with local conditions under which work will be performed. Drawings and specifications have been compared to the site, and bidders have satisfied themselves as to the conditions of delivery and all other matters that may be incidental to the work before submitting their Bid.

The Respondent's Bid will be incorporated within the Contract. If the Respondent's Bid does not comply with the requirements of this Invitation for Bid, or if an item is not understood in any way, a copy of that section of the IFB must then be included in the Respondent's Bid (and all copies) clearly stating the deviation, additions, or other comments.

4.12. Bid Modification and Withdrawal

Bidders may correct, modify or withdraw the original bids on or before the date and time as stated in the Notice of Invitation for Bid. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. Any late correction or modification to the Bid will not be accepted. A bidder who wishes to withdraw a bid must make a request in writing.

4.13. Unexpected Closure or Delavs

If, at the time of the scheduled bid submission deadline, the designated location for delivery of the Bid is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation or other the deadline will be postponed until 2:00 p.m. on the next normal business day (Monday through Friday, excluding Holidays). Bids will be accepted at the same location until that date and time.

4.14. Late Submissions

Any bids received after the date and time stated in the "Legal Advertisement" will be deemed "non-responsive" and shall not be considered.

4.15. Rule for Award

Any contracts resulting from this IFB shall be awarded to the lowest responsive and responsible bidder offering the lowest total price. Any bids which submit a price that is abnormally low or high, as determined by the Town, may be rejected as not responsible. As used herein, the terms "responsive" and "responsible" shall have the meanings given to such terms in M.G.L. c. 30B, $2.

In evaluating qualifications of bidders, the Town will consider past performance with the Town and outside references. Negative or poor references or poor performance on past work/projects for the Town shall constitute a reason to consider the bid non-responsible.

4.16. Execution of Contract

Upon receiving a Notice of Award, the successful bidders will be responsible for executing and signing all contract documents. Any contractor whose Bid is accepted will be required to execute the contract within ten (10) days, Saturdays, Sundays, and legal holidays excluded after the notice that the Contract has been awarded to them.

4.17. Taxes

Purchases made by the Town are exempt from the payment of Federal excise tax, and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the price(s) offered.

If requested, the Town will provide the awarded Respondent with a copy of the Towns Certificate of Exemption.

4.18. Performance Bonds and Pavment Bonds

If required, the successful Respondent (s) shall supply the required Performance/Maintenance Bond and Labor/Materials (Payment) Bond, and shall provide the Bonds for each to the Town upon execution of contract documents and/or after receiving a written Notice to Proceed.

Every such bond shall have a power of attorney attached thereto, authorizing the Town of Yarmouth to enter judgment thereon in any court in the United States of America or elsewhere against the obligors therein named for the amount therein named and shall be conditioned for the honest and faithful compliance with all provisions of the bidder or bidders

4.18.1 Performance Bond Requirements - Not required/applicable for this LF.B./contact.

4.18.2 Pavment Bond Requirements - Not required/applicable for this LF.B./contract.

4.19. Insurance

Insurance coverages and limits are included as part of the Town of Yarmouth Contract terms and conditions.

Review all contract documents in the Exhibits to this IFB to ensure compliance with these requirements.

4.20. Licenses and Permits

The proposer is responsible for attaining and holding in good standing all relevant permits, licenses, and certificates associated with the completion of these services, as applicable. Evidence of these requirements is to be made part of the Bid. If a permit is not currently held or the application process is pending, the bidder should indicate such. The Town of Yarmouth reserves the sole right to decide if the Contract may be awarded to the successful bidder despite the failure to produce the actual permits or copies thereof.

Licenses and permits must be held in force throughout the terms of the services as contracted. See Section 6 for additional information.

4.21. Indemnification

The Contractor shall indemnify, defend, and save harmless the Town, all of the Town officers, agents and employees from and against all suits and claims of liability of every name and nature, including attorney's fees and costs of defending any action or claim, for or on account of any claim, loss, liability or injuries to persons or damage to property of the Town or any person, firm, corporation or association arising out of or resulting from any act, omission, or negligence of the bidder, subcontractors and their agents or employees in the performance of the work covered by this Contract and/or their failure to comply with terms and conditions of this Contract. The foregoing provisions shall not be deemed to be released, waived, or modified in any respect by reason of any surety or insurance provided by the Respondent under Contract with the Town.

4.22.Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department regarding this IFB except as specified in this IFB, and no other individual Town employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB Bidders may contact the contact person using the contact information provided in Section 2 in the event that this IFB is incomplete or the information is missing.

4.23. Public Records Law

All quotes and information submitted in response to this IFB are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

5. FORM OF SUBMISSION

Follow the instructions below for the format to be used in responding to this IFB. Bid Proposal should follow the general specifications identified in Section 4 of this IFB. Respondents should ensure their Bid Proposal contains the information necessary to ascertain meeting of Minimum criteria.

5.1 Submission Requirements

Bid Submittal Form All bids should be submitted on the Bid Submittal Form included as Attachment A and signed by an individual authorized to negotiate for and contractually bind the Respondent. All prices must be reflective of all costs for delivery or surcharges (i.e. fuel or vehicle surcharges). Price adjustments will not be allowed.

Prices should reflect all government and industry standards; warranty requirements; quality requirements;

and delivery requirements as indicated in the IFB documents. The Bid Submittal Form includes the

Addenda Acknowledgment statement. In addition to the Bid Submittal Form, the following items included in the Attachments Section of this IFB must be submitted with your bid:

l. Certifications - complete and sign the Combined Certification Form included as Attachment B.

References - Use the Reference Form included as Affachment C to provide a list of all clients where you have been engaged to perform similar engagements for the last two years, including name, contact information, and type of engagement.

Other Attachments - Please ensure all other IFB attachments are properly executed and included in your response, as necessary per the IFB instructions.

2.

J.

6. MINIMUM CRITBRIA

Respondents submitting a bid for this IFB must satisfy all of the Minimum Criteria listed below.

Respondents should ensure that bids clearly identify meeting these criteria so that it is easily noted and deterrnined to be met by the evaluator(s). Bids that do not demonstrate compliance with the Minimum Criteria will be considered non-responsive and will not be further considered.

l. The Respondent must be from an established business, corporation, partnership, firm, or individuals who normally furnish such services as part of their principal business for which it is formed, which has been in business for a minimum of five (5) years.

2. The Respondent (individual or company) must have a minimum of five (-5) years' experience in providing similar services to other municipalities or equivalent.

3. The Respondent (individual or company) must have completed at least three (3) similar engagements (or engagements containing similar elements of the scope of work) for other municipalities or similar businesses.

4. All persons assigned to this engagement must each have three (3) years' experience providing similar services to which they are assigned in this engagement.

APPT]NDICES

APPENDIX I _ IFB EXHIBITS

Exhibits are included within the IFB documents to provide additional information relating to the Project

Name, and to disclose contractual terms and conditions. Exhibits are intended to assist Bidders in formulating their responses and in determining the price. Questions or clarifications relating to this information should be sought following the instructions included in Section 4 of the IFB. The following Exhibits are included with this IFB:

Exhibit I Scope of Work Exhibit 2 Notice of Invitation for Bids

Exhibit 3 Town of Yarmouth Standard Contract Form Exhibit 4 Town of Yarmouth Signatory Authority

APPENDIX 2 - IFB ATTACHMENTS

The following attachments hereto are incorporated by the following references as part ofthe RFP Documents. All attachments should be completed and signed and included in your response.

Bid Form Attachment A Cenificates Required by Law Attachment B

Reference Form Attachment C

CERTIFICATIONS REQUIRED BY LAW

You must COMPLETE and SIGN the following certifications. You must also print, at the bottom of this page, the name of the contractor for whom these certifications are submitted.

STATE CERTIFICATIONS

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Further, per Executive Order of 481, I shall not knowingly use undocumented workers in connection with the performance of all Town of Yarmouth contracts; that pursuant to federal requirements, I shall verify the immigration status of all workers assigned to such contracts without engaging in unlawful discrimination;

and that the I shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). I understand and agree that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting me to sanctions, including but not limited to withholding of payments, contract suspension or termination.

Pursuant to M.G.L. Ch. 268A, this statement is to certify that no municipal employee of the Town of Yarmouth, nor any spouse, parent, child, brother or sister of such municipal employee, has any financial interest in the bidder on this proposal.

NON.COLLUSION

The undersigned certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

REGISTRATION WITH THE MASSACHUSETTS SECRETARY OF STATE

If the undersigned is a Foreign Corporation (located outside of Massachusetts), I hereby certify that I comply with the provisions of Massachusetts General Laws, Chapter 30, Section 39L and Chapter l56D as they relate to Foreign Corporations and am registered and in good standing with the Massachusetts Secretary of State.

COMPLETE AND SIGN BELOW:

Authorized Person' s Signature Date

Print Name & Title of Signatory

Name of Contractor

UNIDIRECTIONAL FLUSHING PROGRAM

SCOPE OF SERVICES

The Yarmouth Department of Public Works Water Division is seeking a Contractor to assist with the implementation of its unidirectional flushing (UDF) plan. The plan was developed severalyears ago, but never implemented. The Town intends to flush 20% of the water system per year over the next five yea rs.

The UDF plan includes 63 zones. The goal is to flush 12 zones in the first year. This contract is for the first yearonlywith the possibilityof extending and add itiona I two years. Thefirstyearof flushingwill begin in the fall of 2021 and will continue in the spring of 2022, as weather allows. The water system includes approximately 2,115 hydrants, however, only 1,040 are operated as part of the UDF plan.

The scope of services for consulting services for this project includes:

1.. Attend a project kick-off meeting to collect information and discuss flushing procedures with the

Town of Ya rmouth.

2. The unidirectional flushing plan is available in paper form as well as in Utility Cloud. The

Contractor shall collect all data electronically including valves closed, opened, hydrants flushed and estimated volume of water flushed. The Contractor may utilize Utility Cloud through the

Town's account or provide their own data collection system. lf a system other than Utility Cloud is utilized, the Town's existing hydrant and valve numbering system must be utilized. Any applicable software and cellular service fees should be included in the hourly rate.

3. Provide a minimum of a two-person flushing crew, with company vehicle and associated equipment to perform flushing. Contractor will operate valves and hydrants as indicated in the unidirectional flushing pla n.

4. Contractor shall direct water flow in such a manner as to minimize disturbance to surrounding property. Any damage shall be reported to the Water Department immediately.

5. Work may be completed on weekdays between the hours of 7:00 am a nd 4:00 pm. Otherhours may be approved by the Water Superintendent, if required.

6. After each hydrant is closed, the Contractor shall use a listening device to confirm there are no residual leaks.

7. Notify the Yarmouth Water Department staff daily of any deficiencies or concerns identified during the course of the work.

8. Provide a weekly summary report detailing the work completed each week and identifying the projected locations, total volume of water used, and schedule for the upcoming week.

TOWN RESPONSIBILITIES

1. For more highly traveled roadways, a Town vehicle or police detail may be provided to accompany the crew in lieu of using police details. The Town will be responsible for any fees associated with police details or any other special traffic control needs.

2. The Yarmouth Water Division will locate and exercise all valves needed in each sequence in advance of the Contractor. Contractor must provide one week advanced notice of planned flush ing.

Scope of Services- Unidirectional Flushing

BID IDENTIFICATION:

THIS BID IS SUBMITTED TO:

(Name and Address of OWNER)

BID FORM

Water Division Unidirectional Flushing Yarmouth Massachusetts

Yarmouth Department of Public Works 74 Town Brook Road West Yarmouth, Massachusetts 02673

2.

J.

The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an Agreement with OWNER to complete all Work as specified or indicated in the Contract Documents for the Contract Unit Prices during the Contract Period which is from the date of award until one year from date of award weather permitting, and in accordance with the Contract Documents.

BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This Bid will remain open for thirty (45) days after the day of Bid opening. BIDDER will sign the Agreement and submit other documents (e.g. Bonds, Insurance Binders) required by the Contract Documents within five

(5) working days after the date of Owner's Notice of Award.

ln submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

BIDDER has examined copies of all the Contract Documents (Receipt of all of which is hereby acknowledged) and also copies of the Notice to Bidders and the lnstructions to Bidders.

BIDDER has examined the legal requirements (federal, state and local laws, by-laws, rules and regulations) and the conditions affecting cost, progress of performance of the Work and has made such independent investigations as BIDDER deems necessary.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER

BIDDER will complete all the Work assigned for the prices listed in the Bid Form.

BIDDER agrees that all Work pertaining to Contract will be fully completed by

The following documents are attached to and made a condition of this Bid:

6.1 List of references

6.2 Evidence of authority to sign

6.3 Certifications Required by Law Form

Communications concerning this Bid shall be addressed to:

BF.1

3.1

3.2

3.3

4.

5.

6.

7.

Company Name:

Address:

Email:

Telephone No.:

Bidder's Contact Person:

8. Bid comparison will be based on total value of the base bid.

9. The undersigned certifies under penalties of perjury that this Bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph, the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

10. The undersigned also certifies: that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; and, that all employees at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least l0 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

1 l. The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph, the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

Item No.

Description Amount in words and figures

Estimated Ouantity

Extended Total (Fisures)

I Hourly Rate per hour 150 hours $

Dollars ($ ) Lump Sum

Total

Total Amount of the Base Bid (Basis for Award) (Items 1-3)

(Amount in figures) dollars

(Amount Written in words)

Award of Contract will be made on the basis of lowest, qualified, responsive and responsible bidder

BF.2

for item of the base bid listed above.

The Above prices shall include all labor, materials, overhead, licenses, fees, profits and insurance to cover the work specified.

NOTE: Bidders must bid on each item, as failure to do so is grounds for rejection of the bid. All entries in the entire BID must be made clearly and in ink. In case of discrepancy between prices in writing and in figures; the writing shall govern.

Acknowledgment of Addenda and Bid Form Prices

This bid includes addenda numbered (list all addendums, write 0 if none)

By Signing and submitting this form, the respondent certifies the following:

o The proposed price is a firm and binding offer by the Respondent/Proposer to the Town.

o The proposed price is consistent with and contemplates the terms and conditions in the IFB unless specific exceptions or conditions are noted and attached.

o The proposed price is valid for a period of 90 days from the due date of Response.

o The acknowledgment of receipt of any and all addenda issued for this IFB.

o The signer is a duly authorized representative of the Respondent.

Signature Date

Print Name Print Title

Name of Company

BF.3

Attachment C

REFERENCE FORM

Proposer:

IFB Title: Water Meters and Meter Readers

Bidder must provide at least three references from current or most recent projects similar in scope and size to this RFP. Do not use the Town of Yarmouth contract(s) as a reference.

Reference:

Address:

Description and date(s) of supplies or services provided:

Contact:

Phone:

Email:

Reference:

Address:

Description and date(s) of supplies or services provided:

Contact:

Phone:

Email:

Reference:

Address:

Description and date(s) of supplies or services provided:

Contact:

Phone:

Ernail:

Attach additional sheets if necessarv

TOWN OF YARMOUTH, MASSACHUSETTS - STANDARD CONTRACT FORM

This form is used as the default contract for Town of Yarmouth departments when another form is not otherwise prescribed. Additional non-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as part of this Contract without prior approval from the Town. The Town of Yarmouth Standard Terms & Conditions are incorporated into this Contract by reference.

CONTRACT NAME: Unidirectional Hydrant Flushing

CONTRACT NUMBER:753

This Contract is entered into on, or as of this date by and between the Town of Yarmouth and the Contractor, as indicated below:

Town of Yarmouth, Massachusetts Contractor Name & Address

Business Address for Notice

Town Administrator BUSINESS

NAME

1146 Route 28

ADDRESS

South Yarmouth, MA 02664 CITY, STATE, ZIP

ADOL,

Contract Manager Contact Person NAME Laurie Ruszala

NAME

D EPT Public Works-Water ADDRESS 99 Buck lsland Road ADDRESS

CITY,

STATE, ZIP

West Yarmouth, MA 02673 CITY, STATE, ZIP

PHONE 508-398-2231 ext. L406 PHONE

EMAIL lrusza la @va rmouth.ma.us EMAIT

1. Contract for the procurement of the following The services for Unidirectional Hydrant Flushing for Yarmouth Water Division. The following documents are incorporated into this contract:

o lnvitation for Bid including scope of work, prevailing wage rates . Respondents' response (proposal) is included dated:

2. The Contract price: S

3. Payment terms and conditions 3.1.. Fees and Reimbursable Costs combined shall not exceed S____-- as more fully set forth in the Contractor Documents.

3.2. There shall be no further costs, fees or reimbursable charges due the Contractor under this

Contract unless said fees andlor costs are so set forth in writing. The Town will not pay any surcharge or premium on top of the direct out of pocket expenses, if any. All payments for reimbursement of costs must follow current Town policies and documentation standards.

3.3. Final payment including any unpaid balance of the Contracto/s compensation shall be due and payable when the Project/Goods/Services is/are delivered to the Town when the project is completed and the services are complete and/or the goods are delivered and accepted.

3.4. Payments will be made by electronic methods either by credit card or ACH /direct bank deposit to the Contractor's account. The Contractor must provide a completed and signed ACH / direct deposit form. The Contractor must provide the Town an updated form if the bank account used for the deposit is changed during the term of this Contract.

Page 114VersionMav.20L9

3.5. lf any portion of the contract price is to be paid by a private citizen(s) no work shall be performed until a sum has been deposited with the Town Treasurer, upon an estimate made by the board, committee or officer having charge of the work, sufficient to cover the payment for the portion of the said work chargeable to the private citizen(s).

4. Security (Surety is not required for contracts for most purchases of goods and most services. Surety in the form of a 100% performance bond; 100% payment bond and 5% bid surety is ALWAYS required for construction contracts.)The following are the security requirements applicable to this Contract:

n/a

5. Term of Contract and Time for Performance

This Contract sha ll be fully performed by the Contractor in accorda nce with the provisions of the Contract Documents on or before September 30,2022, unless extended, in writing, at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. Time is of the essences for the completion of the Contract.

Town may renew this contract for one year two times for a total of 3 years

6. Contacto/sPersonnel The Contractor shall utilize only its employees and shall not utilize any third-party contractors without prior written approval of the Town.

7. lnsurance

7.1 Workers Compensation lnsurance

The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insura nce during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article.

The Contractor shall furnish to the Town a certificate evidencing such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town.

7.2 Professional Lia bilitv lnsurance

Minimum liability coverage of S1 million per claim and 53 million in the aggregate.

lf applicable, the Contractor shall have Professional Liability lnsurance with a minimum of the listed amounts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immedlate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resultinB from the failure to provide the insura nce required by this article.

7.3 Other lnsurance Requirements

VersronMay,2019 Page 214

(a) Comprehensive commercial general liability insurance with limits of at least St lvtittion per occurrence and 53 Million annual aggregate for property damage and 51 Million per person and 53 Million per occurrence for bodily injury, which shall include the Town of Yarmouth as an additional insured, and which shall cover bodily injury, sickness or disease, or death of any person including employees and those persons other than the Contractor's employees, and claims insured by usual personal liability coverage, death, or property damage arising out of the Work including injury or destruction of tangible property, including loss of use resulting therefrom.

(b) Motor vehicle insurance for any motor vehicles used in performing the Work, with limits of at least

5500,000 per person, and S1 Million per accident.

(c )The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work, including and not limited to Professional liability insurance where applicable.

(d) All policies shall identify the Town as an additional insured (except Workers'Compensation and

Professional Liability). The Contractor shall notify the Town immediately upon the cancellation or amendment to any policy. Renewal Certificates shall be filed with the Town at least ten (1,0) days prior to the expiration of the required policies. Certificates evidencing all such coverage shall be provided to the

Town upon the execution of this Agreement, and upon the renewal of any such coverage. Each such certificate shall specifically refer to this Contract and shall state that such insurance is as required by this

Contract. Failure to provide the notices required in this Section or to continue in force such insurance shall be deemed a material breach of this Contract and shall be grounds for immediate termination. Said insurance shall include: Workers Compensation/Employers' Liability lnsurance, Business Automobile Liability lnsurance, and Commercial General Liability lnsurance (CGL). The CGL poliry shall include coverage for liability arising from premises, operations, independent Contractors, personal injury, contractual liability. All

Certificates of lnsurance shall be on the "MllA" or "ACORD" Certificate of lnsurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the lnsurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. All insurance shall be written on an occurrence basis. Coverage's shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment.

(e) The Contractor shall obtain and maintain during the term of this Contract the insurance coverage in companies licensed to do business in the Commonwealth of Massachusetts and acceptable to the Town.

8. Town of Yarmouth Standard Terms & Conditions

Are part of this Contract and are incorporated into this Contract by reference.

ersionMay,20L9 Page 314 ln witness whereof the parties have hereto set forth their hands and executed this as an instrument under seal as of the dates indicated below.

FOR THE TOWN OF YARMOUTH

Acknowledged:

FOR THE CONTRACTOR

Department/Division Head Date

Approved as to Procurement:

Name of Company

Chief Procurement Officer Date

Approved as to Availability of Funds:

Authorized Signature Date

Town Accountant

Contract Approval:

Date Print Name & Title

Town Administrator Date

FOR INTERNAT U5E ONtY Appropriation Accou nt(s)

Purchase Order # Contract # 753

Contract Documents Contract Documents Received

(Y) Yes, (N) No, N/A

Combined Certification Form 1ruot nuuti. consrruction)

Combined Certification Form {pubric construction)

Contractor W9 Form

EFT Authorization Form lnsurance Certificate ADDITIONAT IN FORMATlON

Page 414VersionMay,2019

TOWN OF YARMOUTH, MASSACHUSETTS _ STANDARD CONTRACT TERMS & CONDITIONS

1. Definitions

1.1 Acceptance: All Contracts require proper

acceptance of the described goods or services by the Town. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract.

1.2 Contract Documents: All documents relative to

the Contract including (where used) Request for Proposals and all attachments thereto, Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, all Addenda issued during the bidding period and Contractor's Response to the Request for Proposal. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

1.3 The Contractor: The "other pafty" to any

Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used.

1.4 Date of Substantial Performance: The date

when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders.

1.5 Goods: Goods, Supplies, Services or

Materials.

1.6 Subcontractor: Those having a direct Contract

with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

1.7 Work: The services or materials contracted for, or both.

2. Subject to Appropriation:

Notwit…