Landscaping Maintenance Contract 2022-02 Oak Bluffs.pdf

TOWN OF OAK BLUFFS

INFORMATION for BIDDERS, PROPOSAL, CONTRACT, SPECIFICATION and BONDS for Landscape Maintenance and Planting of Ocean Park Gardens and Other Locations Specified

CONTRACT NO. OB2022-02

INVITATION TO BID

BIDDER’S NAME:

Invitation for Bids Town of Oak Bluffs

LEGAL ADVERTISEMENT

Landscape Maintenance and Planting of Ocean Park Gardens and Other Locations Specified.

Contract No. OB2022-02

The Town of Oak Bluffs invites bids for Landscape Maintenance and Planting of Ocean Park Garden and Other Location Specified in Oak Bluffs, MA for the three year period starting April 1, 2022. Licensed and insured contractors can obtain bid documents Monday-Friday from 9 AM - 4 PM at the Oak Bluffs Town Hall, Office of the Town Administrator, 53 School Street, Oak Bluffs or requested by calling the Office at 508-693-3554, ext. 115. Or email wbrough@oakbluffsma.gov.

All Bids must be sealed & be CLEARLY marked:

"Landscape Maintenance and Plantings for Ocean Park Gardens and Other Locations Specified".

Bids must be submitted by 2:00 PM on Friday, February 11, 2022 at which time they will be publicly opened and read. Bids must be submitted to the Town Administrator's Office, 53 School Street, Temporary Trailers, Oak Bluffs or by mail to Town Administrator's Office, Town of Oak Bluffs, PO Box 1327, Oak Bluffs, MA 02557.

This project is being bid pursuant to the requirement of MGL Chapter 30, Section 39M. Awarded contractor must pay prevailing wage rates as set by the Department of Labor and Workforce Development. All bidders must file a bid deposit in the amount of 5% of the total bid price. The successful bidder must file a payment bond in the amount of 50% of the total bid price within ten days of contract award.

The lowest responsible and eligible company will be required to furnish certification of labor harmony and that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by OSHA for a minimum of 10 hours. The right is reserved by the Town of Oak Bluffs to reject or accept any or all bids if it is in the public interest to do so.

mailto:wbrough@oakbluffsma.gov

Landscape Maintenance and Planting of Ocean Park Gardens and Other Locations Specified.

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Purpose

1.2 Purchase Description

1.3 Contract Term

2.0 SUMMARY INFORMATION AND CALENDAR

3.0 INFORMATION AND INSTRUCTIONS TO BIDDERS

3.1 Awarding Authority

3.2 Questions and Clarification

3.3 Changes of the IFB (Addenda)

3.4 Acceptance of the IFM Terms and Conditions

3.5 Bid Deposits

3.6 Submission of Bids

3.7 Submission Requirements

3.8 Bid Modification and Withdrawal

3.9 Expenses

3.10 Unexpected Closure or Delays

3.11 Opening and Consideration of Bids

3.12 Rule of Award

3.13 Minimum Criteria

3.14 Award of Contract

3.15 Failure to Execute Contract

4.0 GENERAL CONDITIONS

4.1 Taxes

4.2 Performance Bond and Payment Bonds

4.3 Insurance

4.4 Subject to Appropriation

4.5 Liquidated Damages

4.6 License and Permits

4.7 Non-Discrimination

4.8 Indemnification

4.9 Prohibitions

4.10 Massachusetts General laws

4.11 Public Record Law

4.12 Prevailing Wages

4.13 Cancellation and Default

4.14 Severability

4.15 Amendment

4.16 Audit, Inspection and Recordkeeping

5.0 SPECIFICATIONS

5.1 Critical Specifications under this IFB

5.2 Checklist of Required Tasks and Schedule for Each Location

APPENDIX A Standard Bid Form

APPENDIX B Prevailing Wages

APPENDIX C Photos and Site Map of Locations

APPENDIX D Standard Town Contract

1. INTRODUCTION

1.1 Purpose

The Town of Oak Bluffs seeks bids from qualified vendors interested in the landscaping services for the Town Oak Bluffs at Ocean Park and various other locations in accordance with the specification set forth within the Invitation for Bid (IFB) document.

1.2 Purchase Description / Scope of Services

The project consists of landscape maintenance and plantings for Ocean Park and other locations as specified. with perennial and annual plantings and maintaining and managing the turf as identified in the specifications, as described in Section 5 of this IFB. Approximately 7 acres of managed turf and gardens are to be maintained and managed.

The work is to be accomplished throughout the growing season, with preparation work to be accomplished prior to the growing season, and final work to be completed seasonally prior to the first deep freeze.

Liquidated damages in the amount of $200 per day will be assessed if the work has not been completed in accordance with the provisions of the contract within the stipulated time (as extended by any authorized extension of time granted in accordance with the contract provisions).

1.3 Contract Term

After selection of the lowest most responsible and responsive bid, a written contract containing the terms of this IFB and bidder’s response shall be executed by the successful respondent and the Town, within 45 days of the bid deadline.

The contract period will be for three years starting April 1, 2022 through March 30, 2025.

2. SUMMARY INFORMATION AND CALENDAR

Procurement Contact Wendy Brough, Assistant Town Administrator wbrough@oakbluffsma.gov 508-693-3554 ext. 149

EVENT DATE DESCRIPTION

Advertisement January

7, 2022 Advertisements will be posted in the Central Register, MV Times, COMMBUYS; Town Website and Bulletin Board.

Invitation for Bid Available

IFB documents may be obtained at the Town Administrator’s Office, Oak Bluffs Town Hall, 53 School Street between the hours of 9:00am and 4:00 pm, Monday to Friday, or by email request to:

wbrough@oakbluffsma.gov or on-line at the Town’s web site https://www.oakbluffsma.gov/ “Bids” tab.

Time and Place for Pre-Bid Conference

N/A

Deadline for Written questions

Via email only to: wbrough@oakbluffsma.gov Use Subject Line:

QUESTION – Landscape Maintenance and Planting Contract

Addenda May be issued up to 5 days prior to the due date of responses.

Any addendum/s will be emailed to all bidders and requestors 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 responses.

When and Where Bids are Due and IFB Opening.

2:00 PM

Friday, February 11, 2022

Town Administrator’s Office, Oak Bluffs Town Hall, Temporary Trailers, 53 School St, Oak Bluffs, MA 02557, Bidder and price will be announced.

Evaluation Period 30 Days

Contracted executed 10 Days From receipt of award by Bidder

Term of Contract 4/1/2022 to 3/31/2025

Three years https://www.oakbluffsma.gov/

3. INFORMATION AND INSTRUCTION TO BIDDERS

3.1. Awarding Authority

This IFB is issued by the Town of Oak Bluffs on behalf of the Highway Department and Parks Commission. The Contact for the Town is:

Wendy Brough, Assistant Town Administrator

PO Box 1327 Oak Bluffs, MA 02557

508-693-3554 ext. 149

This department 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.

Deadline for filing bids is 2:00 PM on Friday, February 11, 2022.

3.2 Questions and Clarification

There shall be no pre-bid conference.

Questions requiring clarification shall be submitted in writing via email only to:

Wendy Brough, Assistant Town Administrator

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.

3.3 Changes of the IFB (Addenda)

This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 39M, 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 MGL under Chapter 30.

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 of the original request.

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

Addenda will be emailed; if an email address is not provided, then it will be faxed. If a fax number not provided it 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. Failure of a Respondent to receive or acknowledge any addendum shall not release the Respondents from the obligations under their response.

3.4 Acceptance of IFB Terms and Conditions

Submission of a bid shall be conclusive evidence that the Respondent has examined the IFB and is familiar with terms of this IFB and all provisions of the contract included and shall be responsible for all such requirements and conditions. Bidders are cautioned to examine carefully the conditions affecting the proposed Contract and to acquaint themselves with the quantity and character of the material to be handled under the Contract.

Upon finding any omissions or discrepancies in this IFB, each Respondent shall notify the Town immediately so that any necessary addendum 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.

If required or needed, a site visit to the various specified locations may be completed in order to become familiar with local conditions under which work will be performed. Specifications need to be compared to the site, so 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 IFB, or if any 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.

3.5 Bid Deposits

i. At Least Five Percent (5%) of the total value of the bid amount, considering all alternates.

ii. Made payable to the Town of Oak Bluffs.

iii. Conditioned upon the faithful performance by the principal of the agreements contained in the bid and in the form of cash, certified check, treasurers’, or cashier’s check issued by a responsible bank or trust company, or a bid bond used by a surety company licensed to do business in the Commonwealth of Massachusetts.

iv. All bid deposits, except those of the three highest responsible and eligible bidders, shall be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the general bids. Bid deposits of the three highest responsible and eligible bidders will be held by the Town during the time stipulated for the execution of the contracts and may be disposed of in such a manner as will accomplish the purpose for which they are submitted. After expiration of such period, bid guarantees not disposed, or the amounts thereof, will be returned within five (5) days, Saturdays, Sundays and legal holidays excluded.

3.6 Submission of Bids

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

“LANDSCAPING MAINTENANCE AND PLANTINGS FOR TOWN OF OAK BLUFFS”.

SUBMITTED BY: (Name of Respondent/ Bidder)

Bids shall be delivered or mailed to the following address:

Select Board Office Attn: Wendy Brough, Asst Town Administrator Town of Oak Bluffs 53 School Street, Temporary Trailers Oak Bluffs, MA 02557

All bids must be received no later than 2:00 PM on Friday, February 11, 2022.

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

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.

3.7 Submission Requirements

i. All bids shall be submitted on the prepared forms found in in Appendix A and shall include all other documents required, including, but not limited to:

• Standard Bid Form, which includes Bidder Information and certificate of non-collusion.

• Reference Form - provide a list of all clients where you have been engaged to perform similar engagements since 01/01/2017, including name, contact information, and type of engagement.

• Selection Criteria – outlining work of similar character to work in proposed contract.

ii. Alternates: The Town is willing to accept alternative components as long as they are functionally equal or superior to the part specified and the bidder can document such functional equivalency.

iii. Each bidder shall acknowledge all required alternates in Section C on the Bid Form by entering the dollar amount of addition or subtraction necessitated by the alternate (s).

If an alternate includes work with the Bidder’s scope of work and does not involve a change in the cost of the Bid, the Bidder shall so indicate by writing “No Change” or 0 in the space provided by the alternate.

The lowest Bidder will be determined on the basis of the sum of the base Bid and the accepted alternatives.

iv. A bid must be signed, as follows:

• If the contractor is an individual, by him/ her personally;

• If the contractor is a partnership, by the name of the partnership, followed by the signature of each general partner;

• If the contractor is a corporation, by the authorized officer, whose signature shall be attested by the Clerk/ secretary of the Corporations and the Corporate Seal affixed.

v. All prices must be reflective of all costs for delivery or surcharges (i.e fuel or vehicle surcharges). Prices 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.

vi. 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.

vii. The Respondent should ensure their bid acknowledges all addendum(s) have been received.

viii. Each “Out-of-State” proposal shall furnish with its proposal a certification from the

Office of the Secretary of State verifying that it is legally authorized to do business in the Commonwealth of Massachusetts.

ix. Failure to submit on the Standard Bid Form provided shall be considered cause for rejection of the bid, however additional sheets may be used if necessary.

3.8 Bid Modification and Withdrawal

A contractor may withdraw his bid at any time up to the time set for opening of the bids, provided the request for withdrawal is presented in writing and signed by the contractor in the manner and form required for submitting of a bid. A bid may not be withdrawn after the time set for opening the bids, except as provided by law.

After the bid opening, a bidder may not change the price or any other provision of the bid in a manner prejudicial to the interest of the Town of Oak Bluffs or fair competition.

If a mistake and the intended bid are clearly evident on the face of the bid document, the procurement officer shall correct the mistake to reflect the intended correct bid and so notify the bidder in writing, and the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

3.9 Expenses

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

3.10 Unexpected Closure or Delays

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 2:00pm the next business day (Monday through Friday, excluding Holidays). Bids will be accepted at the same location until that date and time.

3.11 Opening and Consideration of Bids

i. Each bid shall be opened and read by the Town Administrator, or designee as assigned by the Town Administrator. This will be a public opening.

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

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

iv. 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.

v. 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.

3.12 Rule of Award

As used herein, the terms “responsive “ and “responsible” shall have the meanings given to such terms in MGL Ch 30B, § 2. 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 in this IFB.

Any and all contracts resulting from this IFB shall be awarded to the lowest responsive and responsible bidder whose bid is the lowest of the bidders, who in the Town’s evaluation demonstrate that they are willing and able to comply with all requirements of the Contract documents and possess the skill, ability, and integrity necessary for the faithful performance of the work, based on:

i. Past performance, outside references and financial soundness under MGL Ch30 , §39M;

ii. The rules and regulations, orders, guidelines and policies promulgated from time to time by the Town of Oak Bluffs and;

iii. Any other relevant criteria that the Town may prescribe.

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

Any bids which submit a price that is abnormally low or high, as determined by the Town, may be rejected as not responsible.

In the event there are tied best prices from responsive and responsible bidders, the following method 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.

3.13 Award of Contract

i. The bids shall remain firm for at least thirty (30) days after the opening of bids.

ii. The successful Bidder will be notified in writing that its bid has been accepted and that it has been awarded the contract. Contract forms, in the form specified herein, will be sent with the notification of award for the successful bidder who shall execute and deliver the contract to the Town Administrator within ten (10) days after receipt of the award.

iii. The Contractor shall furnish forthwith a Certificate of Insurance for each policy required.

iv. 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.

v. Please note that no part of the Contractor’s work may be subcontracted without the prior written approval of the Awarding Authority.

The Contractor must complete a minimum of 51% of the scope of this contract by his own work force. If the Contractor desires to subcontract any part of the work, the

Contractor must promptly forward to the Town a list in duplicate designating the work to be performed and the name of each proposed subcontractor. Approved subcontractors are eligible for direct payments under MGL 30m §39F, as amended.

3.14 Failure to Execute Contract

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

4. GENERAL CONDITIONS

4.1 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.

4.2 Performance Bond and Payment Bonds

Under MGL CH 30 §39M, a payment bond of 50% of the total bid price is required within ten days upon receipt of the Award notice.

4.3 Insurance

1. The Contractor shall take out and maintain the insurance coverages listed in this Section with respect to the operations as well as the completed operations of this Contract. The Insurance requirements stipulated shall cover all damage to property, whether above or below ground, and shall apply to all of the work to be performed under this Contract. This insurance shall be provided at the Contractor’s expense and shall be in full force and effect for the full term of the Contract or for such longer period as required.

2. The Contractor shall submit original certificates of insurances acceptable to the Town of

Oak Bluffs, simultaneously with the execution of this Contract. Certificates shall show the Town of Oak Bluffs as an additional insured as to all policies of liability insurances and shall state that the Contractor has paid all premiums and that none of the coverages shall be cancelled, terminated, or materially modified unless and until thirty (30) days prior notice is given in writing to the Town of Oak Bluffs.

The Contractor shall submit updated certificates prior to the expiration of any of the policies referenced in the certificates so that the Town of Oak Bluffs shall at all times possess certificates indicating current coverage.

4.3.1 Types and Amounts of Insurance

Contractor’s Commercial General Liability: Bodily Injury at $1,000,000 each occurrence and Property Damage at $3,000,000 general aggregate, per project.

Vehicle Liability: The Contractor shall provide Combined Single Limit at $1,000,000 minimum coverage with respect to the operations of any employee including coverage for owned, non-owned, and hired vehicles.

3. Worker’s Compensation: The Contractor shall provide to all employed under the contract, insurance coverage in accordance with MGL Ch. 152 and coverage shall remain in full force and effect for the term of the contract.

4.4 Subject to Appropriation

The execution of a contract is subject to adequate financial appropriations as certified by the Town Accountant for the items, services or projects advertised. The absence of adequate financial appropriations by the Town constitutes grounds to reject all bids that exceed financial limitations imposed by the Town. For a multi-year contract, the Contact shall be subject to annual appropriation and in the event, funds are not appropriated, the Contract shall terminate immediately without liability for damages, penalties or charges to the Town.

4.5 Liquidated Damages

Liquidated damages of $200 per day shall be assessed if the work contemplated herein is not completed on the dates stipulated and agreed upon in writing.

4.6 Licenses and Permits

The proposer is responsible for attaining and holding in good standing all relevant permits, licenses and certificates associated with 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 Oak Bluffs 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.

4.7 Non-Discrimination

The Contractor will not discriminate against employees or applicants for employment because of race, color, religious creed, national origin, sex, age or ancestry in connection with the performance of services under this contract.

4.8 Indemnification

i. The Contractor shall indemnify, defend and save harmless the Town, all of the Town offices, 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 Respondent, subcontractors and their agents or employees in the performance of the work covered by this Contract and/or failure to comply with terms and conditions of this Contract.

ii. The Contractor shall be responsible for all damage or injury to property of any character during the performance of the work resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work or due to the non-execution of the work or at any time due to defective work or materials.

4.9 Prohibitions

Bidders are prohibited from communicating directly with the Town 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 provided in Section 2 in the event that this IFB is incomplete, or the information is missing.

4.10 Massachusetts General Laws

i. The Contractor will keep itself informed of all applicable federal, state, and local laws, by-laws, ordinances, and rules and regulations of the award, and must at all times comply with terms within.

ii. This Contractor will be subject to all regulations under Section 39M of Chapter 30 of the Massachusetts General Laws, and to comply fully with the law.

iii. If any discrepancy or inconsistency is discovered in this contract in relation to any such law, ordinance, by-law, rule, or regulation, the Contractor shall forthwith report the same to the Town Administrator or designee.

4.11 Public Records Law

All quotes and information submitted in response to this IFB are subject to the Massachusetts Public Records Law.

4.12 Prevailing Wage

All contracts for public works services contracts require the contractor to pay prevailing wage to their employees as listed in Appendix B. The Town may require weekly submission of certified payroll from the Contractor to ensure compliance with M.G.L. c. 149, §27.

4.13 Cancellation/ Default

1. Without Cause: The Town may terminate this Contract on fourteen (14) calendar days’ notice when in the Town’s sole discretion it determines it is in the best interests of the Town to do so, by providing written notice to the Contractor, and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination.

2. For Cause: If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on fourteen (14) days’ notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.

3. Default: The following shall constitute events of a default under the Contract:

Any material misrepresentation made by the Contractor to the Town.

Any falseness of statement by the Contractor in its bid documents.

Any failure to perform any of its obligations under this Contract including, but not limited to the following:

i. Failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor’s reasonable control.

ii. Failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor’s reasonable control.

iii. Failure to perform this Contract in a manner reasonably satisfactory to the Town.

iv. Failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous.

v. Discontinuance of the services for reasons not beyond the Contractor’s reasonable control.

vi. Failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination.

vii. Any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and

viii. Failure to comply with any and all requirements of state law and/or regulations, and

Town bylaw and/or regulations.

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

i. Terminate this Contract with all pertinent contractual conditions contained herein affected in favor of the Town.

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

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

4.14 Severability

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

4.15 Amendment

The documents expressly incorporated herein comprise the parties’ entire contract and there are no other agreements between the parties. The Town of Oak Bluffs, without invalidating the Contract, may order Changes in the Work consisting of additions, deletions or modifications, the Contract sum and Contract time being adjusted accordingly.

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

4.16 Audit, Inspection and Recordkeeping

As any time during normal business hours, and as often as the Town may deem it reasonably necessary, request from the Contractor for the purpose of audit, examination, any and all copies of records, contracts, invoices, materials, certified payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

5. SPECIFICATIONS

5.1 Critical specifications under this Invitation for Bids:

1. Minimum Criteria:

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 determined 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.

1. 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 of public projects whose scope is similar to the scope of the proposed contract.

3. The Respondent must have ten (10) years’ experience performing work that is similar to the scope of proposed contract, including irrigation design and maintenance, turf management and fountain maintenance.

4. The Respondent must include a list of references for which the Respondent has provided landscaping services for the past five years (minimum of three references), including name, address and telephone number.

Poor references may be basis for determining that a bidder is not responsible. Reference questions will include but may not be limited to landscape maintenance, responsiveness, quality and general customer satisfaction.

5. The Contractor shall be a MA Certified Horticulturalist.

2. Work Personnel:

All employees performing work under this Contract have successfully completed a course in construction safety and health approved by OSHA with a minimum of 10 hours.

3. Scope of Duties:

The Contractor shall furnish all labor, material, tools, equipment, transportation, insurance, incidentals, and other facilities to perform all work for the said Landscaping Maintenance and Planting Services for the Town of Oak Bluffs. Work to be performed comprises general grounds keeping, horticultural maintenance, irrigation and cleanup of landscape areas for specified locations and, when necessary, repairs to vandalism, irrigation systems and replacement of plant materials. Services to be rendered include but are not limited to the following:

i. Maintenance of turf and groundcover areas, mowing and edging.

ii. Removal of litter and debris from turf, planter beds, fence lines and street curbs.

iii. Pruning of trees and shrubs.

iv. Application of mitigation agents for control of weeds, plant disease and insects that are harmful to plant growth and/or pedestrians.

v. Monthly inspection and maintenance of irrigation systems.

vi. Plantings and maintenance of garden beds and replacing plant material.

vii. Other work as defined in the following schedule or as authorized by the Highway

Superintendent.

4. Garden Beds:

i. Shrub and flower beds will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas, and before and after public holidays and special events.

ii. Purchase, plant, fertilizer, and mulch annuals each Spring, Summer and Fall, and maintain perennial plantings, including the watering of newly planted annuals, perennials, and shrubs at the following locations:

a) Ocean Park

b) Oak Bluffs Harbor & Bathhouse, including Harbormaster office area

c) Sea View Restrooms

d) Police Station

e) Public Library

f) Fire Station

g) Town Hall

h) Charlie Park

i) Island at Farland Park and Visitor Kiosk

5. Lawn maintenance:

i. Lawns will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

ii. All sidewalks, curb lines, tree circles, bed edges and other borders, will be edged as often as necessary to maintain a neat and manicured appearance.

iii. At the conclusion of each visit, walkways should be blown or swept clean.

iv. Mowing, edge trimming and turf management at the following locations:

a) Ocean Park

b) Fire Station

c) Public Library

d) Town Hall

e) Police Station

f) Charlie Park

g) Oak Bluffs Harbor

6. Shrub and Tree Pruning:

i. Annual Shrub and Bush Trimming: Shrubs and bushes may require trimming during the growing season. Basic trimming is included in this contract. Heavy trimming requires authorization for extra work which must be obtained prior to starting the heavy trimming.

ii. Shrubs and Trees will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.

iii. Trees with low hanging branches that may be considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.

iv. Remove lower branches of trees when in conflict with growth of plantings beneath.

v. Trees: Cuts will be flush and clean, leaving no stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

vi. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.

7. Irrigation Systems:

i. Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by the Highway Superintendent.

ii. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.

iii. If the Contractor finds in the course of irrigation maintenance, any accidental damage or vandalism of irrigation parts caused by others, they shall report damage to the Highway Superintendent within 48 hours. Replacement of any damaged or malfunctioning components beyond Contractor’s control will be submitted as an “add-on” and invoiced separately to the Town, when authorized by the Highway Superintendent.

iv. Damage caused to the irrigation system by the Contractor shall be repaired within three

(3) days, unless otherwise agreed to, at no charge to the Town.

v. Start-up and shut-down, maintenance and repair of irrigation systems:

a) Ocean Park

b) Oak Bluffs Harbor Bathhouse

c) Police Station

d) Public Library

e) Fire Station

f) Senior Center

g) Town Hall

h) Charlie Park

i) Viera Park

j) Niantic Park

k) Hartford Park

l) Oak Grove Cemetery

m) Sea View Restrooms

8. Fertilization:

i. Contractor will provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

ii. Contractor must comply with the Oak Bluffs Board of Health Regulations 21:0 covering use of fertilizer for turf management. In particular, Section 5: Turf Performance Standards, on the use, type and timetable of application and Section 6:

Education, Licensure and Administration – all Landscaper professionals must obtain a license from the Oak Bluffs Board of Health.

The complete language can be found from the Towns website, Board of Health regulations page: https://www.oakbluffsma.gov/271/BOH-Regulations

iii. The Town can request Contractor to provide product details of the Fertilizer being used.

9. Weeding, Pest, and Disease Control:

i. The Contractor shall ensure all areas are inspected regularly for weeds, fungus, and insect infestation. Lawn disease applications and insect control applications shall be performed for prevention and intervention purposes and with the prior approval of Highway Superintendent. If an infestation is discovered, proper chemicals shall be applied as soon as possible.

ii. All applications and herbicides or pesticides will be performed by staff who are experienced in the application of these chemicals and in compliance with all State and Local laws.

iii. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.

iv. The Town can request to the Contractor to provide details of the products being used.

Note: Weed killers and other chemicals shall be applied during low foot traffic hours.

10. Ocean Park Fountain:

i. Commission and decommission the fountain annually.

ii. Maintenance of the fountain, including monitoring of any plumbing and electrical components, reporting any repairs to the Highway Superintendent.

iii. Weekly cleaning April through October of pond and fountain nozzles.

iv. Remove debris, trash and organic matter from pond. Provide extra inspection before special events (Wind Festival and Fireworks) and public holidays.

https://www.oakbluffsma.gov/271/BOH-Regulations

11. General:

i. Spring Clean-up: Spring clean-up is scheduled each spring prior to the first mowing. All leaves, twigs and lawn debris must be picked up and disposed offsite.

Any gravel or blacktop displace by winter plowing shall be raked up and disposed of offsite. Mulch shall be placed where appropriate.

ii. End of Season Clean-Up: scheduled for November, all leaves, twigs and lawn debris must be picked up and disposed offsite.

iii. Debris generated by landscape activities will be removed from the site unless prior arrangements are made.

iv. Contractor shall review all fences posts, railings and poles, park benches, garden fixtures and other park structures regularly and refer all repairs to the Highway Superintendent.

12. Additional Landscaping Projects and Monthly Invoices:

i. Additional landscaping projects (other than those referred to in this IFB) may also be added, upon written authorization by the Highway Superintendent.

ii. Any authorized additional landscaping projects will be paid as an “add-on” to the agreed contracted fee, pending approval by the Town Administrator and appropriation confirmed by the Town Accountant.

iii. No payment will be made to invoices submitted by the Contractor without prior authorization in writing by the Highway Superintendent, to commence with additional work, detailing scope of services and materials covered.

iv. Invoices for work add-ons need to comply with the following:

a) Authorized to commence provided by the Highway Superintendent.

b) Submitted monthly to the Highway Department.

c) Invoices must include Town location, services rendered, labor, hours details of repairs, and materials.

d) For reimbursement - Attach invoices of materials bought.

e) Services covered under this contract are not considered “add-ons’ and shall be removed from any monthly invoices.

f) Work performed without authorization from the Highway Superintendent will not be eligible for reimbursement.

13. Inspection of work:

Inspection of site(s) will be made regularly and problems, if found, will be discussed with the Contractor. Written, inspection reports will be provided upon request.

14. Safety:

Contractor agrees to perform all work outlined in such a manner as to meet all accepted standards for safe practices during the performance of maintenance work and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all applicable regulations as required by O.S.H.A., Massachusetts State laws and local by-laws, so as to protect all persons, including Contractor’s employees, agents and staff of Oak Bluffs, vendors, members of the public or others from foreseeable injury, or damage to their person or property.

5.2 Checklists of Required Tasks and Schedule for Each Location

The following checklists are to provide a guide of application of services, and it is understood that schedules may vary depending on weather, health of lawns and gardens, and any other related factors. The Contractor may schedule services under this Contract for the most optimal health and appearance of lawns and gardens, within the bid cost structure.

Contractor may be asked to provide monthly report of services performed under this contract.

1. Ocean Park

TASKS FREQUENCY CALENDAR

SCHEDULE

1. Mowing with commercial mowers.

Removal of grass debris/ trimming/ edging of flower beds.

Weekly April through November

2. Fertilizing lawns. 3 Applications May, July, September

3. Mulching of all beds . 2 Applications May, September

4. Weed control 3 Applications pre/post season May , June, September

5. Soil testing. Once Annually Spring

6. Insect control. 1 Application June

7. Fungal control. 2 Applications Spring/ Summer

8. Winter fertilizer. 1 Application November

9. Weekly cleaning of pond and fountain:

nozzles, water, removing debris and trash.

Weekly May 1 through November

10. Commission and Decommission of Fountain and pond.

Once Annually April and November

11. Fountain Repairs. As Needed April 15 through November

12. Provide and plant approximately 2,500 4” inch pots of annual flowers and approximately 100 perennial flowers.

Once Annually May - June

13. Flower bed maintenance, removing debris and trash, deadheading, weeding.

Twice Weekly

May 1 through November

14. Provide deep root aeration 12” inches or more with Toro Hydrojet or equivalent in all low-lying areas.

Twice Annually

Spring and Fall

15. Pruning of hedges. 8 Times Annually

June through November

16. Dethatching of lawn in fall. Once Annually October

17. Irrigation system, maintain, adjust program, repair, irrigate as needed.

As Needed May 1 through

November

18. Provide additional care before and after special events and holidays, including Memorial Day, Independence Day and Fireworks and for the Wind Festival.

As stated Public Holidays

19. Hand watering of flowers during drought times.

Water-Ban As needed

20. Must be on call at all hours to respond to emergencies.

As Needed May through November

2. Oak Bluffs Harbor, Police Station, Charlie Park, Farland Square, Fire Station, Library and Town Hall

TASKS FREQUENCY CALENDAR

SCHEDULE

1. Mowing with commercial mowers.

Removal of grass debris/ trimming/ edging of flower beds.

Weekly April through November

2. Insect Control. 1 application June

3. Soil testing. Once Annually Spring

4. Fungal control. 2 Applications Spring/ Summer

5. Fertilizing lawn areas. 3 Times Annually May , June, Sept

6. Mulching of all beds. Twice per season May, September

7. Planting flowering annuals. Once Annually May

8. Flower bed maintenance, removing debris and trash, deadheading, weeding.

Weekly May through November

9. Hedge and tree trimming. Five times April through November

10. Maintaining general cleanliness. Weekly Year Round

11. Thatching and aerating of lawns. 2 Times per season Spring and Fall

12. Hand watering of flowers during drought times.

Water-Ban As needed

13. Must be on call at all hours to respond to emergencies.

As Needed May through November

3. Maintenance; Startup and Shutdown of Irrigation Systems at the following locations:

TASKS Start - Shutdown Maintenance

1. Harbor April - October Once Monthly

2. Police Station April - October Once Monthly

3. Town Hall April - October Once Monthly

4. Charlie Park April - October Once Monthly

5. Farland Square April - October Once Monthly

6. Senior Center April - October Once Monthly

7. Veira Park April - October Once Monthly

8. Library April - October Once Monthly

9. Niantic Park April - October Once Monthly

10. Hartford Park April - October Once Monthly

11. Harbor Bath House April - October Once Monthly

12. Sea View Restrooms April - October Once Monthly

13. Oak Grove Cemetery April - October Once Monthly

APPENDIX A: STANDARD BID FORM

To: The Awarding Authority

PO Box 1327 Oak Bluffs, MA 02557

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

Maintenance and Planting of Ocean Park Gardens and Other Locations Specified located in Oak Bluffs, Massachusetts, in accordance with the accompanying plans and specifications prepared by the Town of Oak Bluffs for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered: (please indicate by checking the box of each addenda number, if any)

� No. 1 � No. 2 � No. 3 � No. 4 � No. 5 � No. 6

C. The proposed contract price is:

Maintenance and Planting of Ocean Park Gardens and Turf Management:

TOTAL Bid Price: $_________________________________

(Amount written):

Breakdown of the Total Bid Price:

Year of the Contract Breakdown of Bid Price by Contracted Year

Year 1: April 1, 2022 – March 30, 2023: $_____________________________

Year 2: April 1, 2023 – March 30, 2024: $_____________________________

Year 3: April 1, 2024 – March 30, 2025: $_____________________________

EMERGENCY / ADDITIONAL WORK:

Bidders to list an “add-on” hourly rate for covering emergencies or other projects not covered in the basic specifications.

Year One: Hourly Rate $_________ Year Two: Hourly Rate $_________ Year Three: Hourly Rate $_________

The undersigned hereby declares that the undersigned has carefully examined the Advertisement, Instructions to Bidders, Town of Oak Bluffs - Contractor Agreement, General Conditions of the Contract, Special Conditions (if any), Plans and Specifications, all other Contract Documents, and also the Site upon which the proposed work is to be performed.

LABOR HARMONY

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to section thirty-nine of Chapter 30 of the Massachusetts General Laws (MGL Ch 30, § 39).

OSHA TRAINING REQUIREMENTS

That all employees to be employed at the worksite and…