PLUMBING SERVICES FINAL SPEC.pdf

TOWN OF WATERTOWN

Invitation for Bids

ON-CALL PLUMBING & HEATING

SERVICES

AT PUBLIC BUILDINGS

Bids due Tuesday, May 22, 2018, 11:00 a.m.

Purchasing Department Raeleen Bandini

INVITATION TO BID

ON-CALL PLUMBING AND HEATING SERVICES

WATERTOWN, MA

The Town of Watertown, MA is requesting bids from qualified Plumbers for On-Call Plumbing and Heating Services at Town/School Buildings. Bids must be provided in a sealed envelope and marked “On-Call Plumbing and Heating Services” no later than Tuesday, May 22, 2018 at 11:00 a.m.

Bids must be received at the Office of the Purchasing Agent, 149 Main Street, Watertown, MA, 02472, on or before 11:00 AM, May 22, 2018, at which time they will be opened and read aloud. A $1000 Bid deposit must accompany the bid submittal. No responsibility shall be attached to any person for the premature opening of bids not properly marked. No bid will be accepted at any other location, after time and date specified. Specifications and bid forms may be obtained at the Office of the Purchasing Agent during regular business hours, Monday- Friday 8:30 AM until 5:00PM, or through email at purchasing@watertown-ma.gov. Beginning, Wednesday, May 2, 2018 at 8:30 a.m. Specifications are free of charge by request.

The successful bidder must furnish a certificate of insurance as detailed in bid documents. No bidder may withdraw his/her bid for a period of thirty days, excluding Saturdays, Sundays and Holidays, after the actual date of the bid opening. Funding for this project are pending appropriations. An award will be made within 30 days of prevailing time. The Town of Watertown has the authority to reject any and all bids if in the best interest of the Town to do so.

Wage rates are subject to the minimum rates per MGL Chapter 149, Section 26 to 27h, inclusive. These rates are included in the bid documents. An award will be made the most responsive and responsible bidder providing the lowest price in accordance with Chapter 149.

The Town Manager is the Awarding Authority.

Raeleen Bandini Purchasing Agent

WATERTOWN PUBLIC BUILDINGS

SPECIFICATIONS FOR

On-Call Plumbing and Heating Services

I. General Purpose

This bid is solicited for the purpose of procuring emergency, preventative, and routine Plumbing and Heating Services to be provided to the Watertown Public Schools and Town owned buildings for a minimum of one year with the option to extend annually for one additional year. Multiple vendors may be selected.

II. Scope of Work

Provide all labor, materials, equipment, tools, and supervision necessary for maintenance and repair of existing plumbing systems and equipment for Town and School buildings as directed by the Director of Public Buildings, in accordance with the existing conditions, requirements.

A. General Requirements

1) Contractor shall furnish all labor, materials, equipment, staging and trucking as required for work in all buildings in accordance with all specifications

2) Unit prices submitted on bid forms will be effective for one year from the date of award of the contract and can be extended for one (1) additional one (1) year periods by written agreement between the Town of Watertown and the successful bidder. The Town of Watertown shall have the unilateral option to extend the contract. The contemplated contract resulting from this IFB is an “on-call” repair/replacement contract for time and materials and no specific guarantee as to the total value of the contract is made.

3) Contractor must certify that all employees on the worksite have successfully completed at least 10 hours of OSHA approved training, pursuant to M.G.L. c. 30, 39S.

4) Contractor shall obtain all permits, inspections, licenses, and certificates required for work under this section. All work shall be performed in strict conformity with all laws, regulations, and ordinances of the federal, state, and municipal governments and all departments and bureaus thereof having jurisdiction.

5) All work shall be authorized by the Director of Public Buildings or his/her designee through the issuing of a work order. Work under a specific work order shall begin and end upon the recording by a representative of the

Facilities Department of the arrival and departure time of the contractor at the jobsite. It shall be incumbent upon the contractor to notify the Director of Public Buildings or his/her designee of their arrival at and departure from the jobsite. A copy of the service report (including date of work, start time and finish time, name(s) of person(s) performing work and time each person worked, brief description of the work, name and number of parts repaired or replaced, and recommendations or comments pertaining to the condition or operation of the equipment) shall be left at the jobsite upon the completion of the work. All repairs, adjustments, and alterations to the systems covered by this contract are subject to the owner’s approval.

6) All parts and/or materials used are to be exact duplicate, or an approved substitute of the original used and/or specified by the manufacturer of the equipment, and in every case, guaranteed as per manufacturer’s specification(s). All materials and equipment supplied by the contractor must be free of any lien, claim, or encumbrance.

7) Contractor shall provide red-line corrections on as-built drawings when available upon completion of work when appropriate.

8) Contractors will provide a recommended schedule of preventative maintenance for all plumbing and heating systems. Work will not be accomplished until authorized by the Director of Public Buildings

9) Inspections and repairs are to be made 7:00a.m. through 4:00 p.m., Monday through Friday). The Director of Public Buildings or his/her designee may authorize work outside normal working hours or days.

10) Hourly rates shall include all travel and mileage costs. No separate travel, truck, or equipment charges will be accepted. No other method or items of compensation shall be paid other than the basis specified herein.

11) Invoicing for all work must be done monthly and must be accompanied by copies of original bills for material used. Invoices must indicate separate charges for labor and materials and material charges must be itemized.

The contractor may only invoice for parts that have been furnished and installed; parts on order shall not be billed prior to installation. All invoices shall reference the relevant work order number for the authorized work.

Monthly payroll reporting forms for prevailing wage rates and signed statement of compliance must be submitted with all invoices. No invoices will be processed for payment without the above referenced documentation. The Town of Watertown reserves the right to audit vouchers for material to determine proper pricing.

12) Work performed during a specific fiscal year must be submitted before the end of that fiscal year. Work performed at or near the end of any fiscal year (June 30) must be invoiced immediately and in any case, before August 1 of the same calendar year. Payments may not be made if invoices are submitted after August 1 following the close of the fiscal year (July 1 – June 30).

13) Purchases made by the Town of Watertown are exempt from state sales tax and federal excise taxes and material prices must exclude such taxes.

Tax exemption certificates will be furnished upon request.

14) All workmanship by the successful bidder shall be guaranteed against failure or defects during normal use for a period of one (1) year from the date of completion of the work. All materials and parts supplied by the successful bidder will have the standard manufacturers’ warranties. Any defective materials or parts supplied by the contractor shall be replaced at no cost to the Town of Watertown or the Town of Watertown.

15) The contractor shall, without expense to the Town of Watertown, maintain during the term of the agreement the following insurance coverage’s with the specified limits:

a. Bodily injury liability insurance, including accidental death, with limits of not less than $500,000 for each occurrence and $1,000,000 aggregate.

b. Property damage liability insurance with a limit of not less than $500,000 per occurrence and $1,000,000 aggregate.

c. If automotive equipment is used in the operation, automotive bodily injury and property damage combined insurance of not less than $500,000 for each occurrence.

d. Workers Compensation and Employer’s Liability Insurance as required by Massachusetts General Laws. Ch 152 and 25C, including both statutory lines and Coverage B.

The Town of Watertown shall be named as an additional insured on the entire policy with respect to liability. The Insurance Certificate must be written in the name of the Town of Watertown as an additional insured.

The certificate must have the endorsement of the insurance agency. The policy must contain a notation that the insurer will give 10 days’ notice to the Town of Watertown prior to cancellation, change, or non-renewal of the policy. Notice of occurrence is to be given to the Assistant Superintendent of Operations and Finance. All carriers must have an A.M. Best rating of A or better. The Town reserves the right, at its sole discretion, to amend the insurance requirements as set forth above.

15) The contractor must supply all applicable MSDS forms as requested by the Town of Watertown. Pursuant to MGL Chapter 111F, Sections 8-10, any vendor who receives a contract resulting from this invitation agrees to submit a Material Safety Data Sheet for each toxic or hazardous substance or mixture containing such substance when deliveries are made. The contractor agrees to comply with all requirements set forth in the pertinent laws.

16) The contractor will sign in at the front office and notify the building custodian prior to accomplishing work during work hours. After hours the contractor will be given directions from the Director of Public Buildings on building procedures.

17) Contractors shall keep all exterior doors locked when the buildings are unoccupied and shall be responsible for locking the doors of the buildings or any portion(s) of the buildings at times other than when they are in normal use. Any school property damaged by the contractor in carrying out the provisions of this contract shall be restored to its original condition by and at the expense of the contractor. The Town of Watertown shall hold the contractor responsible for any school property that is lost or stolen during the execution of the work. The contractor shall prohibit his employees from smoking, and they will be held responsible for any damage caused by smoking by any of his employees.

18) All material and debris shall be cleaned up immediately and removed from the building, leaving the premises in a clean condition.

B. Detailed Specifications

1) The contractor must be a qualified, licensed Plumber who has a 365 day per year, 24-hour service department. The contractor must have a minimum of 5 years’ experience in the field of Plumbing work. The contractor shall use trained and licensed Plumber to perform the services, directly employed and supervised by him/her.

2) All Plumbers shall have a copy of all required certifications and licenses on file. All persons operating a motor vehicle on town or school property must have a copy of the required motor vehicle license on file.

3) Work will be performed on an on-call basis as needed and determined by the Director of Public Buildings or his/her designee. Response time for regular service calls must be within four (4) hours and for emergency calls within two (2) hours. The contractor must be available on a 24-hour basis in case of emergencies and shall employ an answering service or cellular telephone capable of reaching a service person twenty-four (24) hours a day. Answering machines are not acceptable.

4) The contractor shall give personal supervision to the work and shall employ a competent mechanic during the progress of the work. The contractor shall employ an efficient number of competent workmen who are experienced thoroughly in this type of work. It will be presumed that most jobs will require only one worker. Where more than one worker will be on the job, advance agreement between the Director of Public Buildings and his/her designee and the Contractor.

5) The contractor shall be required to be available, at no cost to the Town of

Watertown, during the working day, at times mutually convenient to himself and a representative of the Town of Watertown for consultation regarding potential work, to visit work locations, and to prepare estimates.

If requested by the Director of Public Buildings or any other authorized representative of Watertown Public Schools, the contractor will supply a written estimate of the work to be done. There shall be no fee charged for any such estimate.

6) If the contractor finds upon examination of the assigned job, that the work will be more extensive than originally ordered, he should contact the Director of Public Buildings or his/her designee within 24 hours for authorization to proceed with the additional work.

7) The Town of Watertown reserves the right to purchase equipment and material to be installed under this contract. In all cases, all replaced parts are to be left with the Town of Watertown representative, unless otherwise directed.

8) The contractor may employ for his own use the present electrical and water services in order to perform the work to be done on the sites where work is to be done. He shall be held responsible for all damages to such services or equipment, or damage caused by such services, if such damage were by reason of his or his subcontractors’ use of such services or equipment.

9) Contract term shall be for one (1) year from the period July 1, 2018 through August 31, 2019. The Town of Watertown shall have the sole option to extend the contract for one (1) additional one (1) year term at the same rates quoted on the Bid Form. Contract obligation on the part of Town of Watertown is subject to annual appropriation.

10) The prevailing wage rates, as determined by the Massachusetts

Department of Labor and Workforce Development and any amendments are applicable to any work performed by the successful bidder.

11) Buildings covered under this contract shall include:

1. Town Hall/Administration Building, 149 Main St

2. East End Fire Station (Station #2), 564 Mt Auburn St

3. Main Fire Headquarters (Station #1), 99 Main St

4. North Fire Station (Station #3), 270 Orchard St

5. Main Public Library, 123 Main St

6. Commanders Mansion, 440 Talcott Ave

7. John A. Ryan Skate Arena, 1 Paramount Place

8. Multi-Service Center, 127 N. Beacon St

9. Ridgelawn Cemetery, Stuart St

10. Police Headquarters, 552 Main St

11. Cunniff Elementary School, 246 Warren St

12. High School, 50 Columbia St

13. Hosmer Elementary School, 1 Concord Rd

14. Lowell Elementary School, 175 Orchard St

15. Middle School, 68 Waverly Ave

16. Phillips School, 30 Common St

17. Public Works 124 Orchard St

18. Senior Center, 30 Common St

Town of Watertown reserves the right to add or delete to this list at any time.

Bid Requirements:

1) Examination of all Town and School Buildings prior to bid submission is mandatory. The Watertown School and Town buildings are available for a pre-bid inspection on Thursday, May 10, 2018 at 10:00 a.m. and on Tuesday, May 15, 2018 at 1:00 p.m. Vendors only need to attend one, however, welcome to attend both. Please meet at the Watertown Public Schools Administration Office, 30 Common St in order that each bidder may acquaint themselves with the circumstances and conditions of these buildings as they exist, that he/she may fully understand the facilities, difficulties, and restrictions applicable to the execution of the work under these specifications. Please call 617-926-7791 for directions and information. By submitting a bid, the contractor agrees and warrants that he/she has examined the buildings listed above, is aware of conditions on the premises, and has reviewed the specifications.

2) A Bid Bond, Certified or Cashier’s Check in the amount of $1,000.00 made payable to the Town of Watertown must accompany each bid.

Unsuccessful bidders’ bonds will be returned immediately following the award to the successful bidder.

3) The bid proposal must be filled out on the form prescribed and enclosed in a sealed envelope which shall be endorsed on the outside, “BIDS” and shall indicate the title of the proposal “On-Call Plumbing and Heating Services” as well as the name and address of the bidder.

4) In case of any ambiguity, inconsistency, error or omission in any of the bid documents, or a conflict between the provisions in a bid regulation, the bidder is required to draw such matters to the attention of the Town of Watertown. The Town will, in turn, clarify the situation as to the true interpretation thereof, and notify each and every person who has received the bid documents through the issuance of an Addendum. The Town of Watertown will not be held responsible for any oral instructions. If the bidder fails to draw such matters to the attention of the Town, as outlined herein, then his bid conclusively will be presumed to have been based upon the interpretation which may be given subsequently by the Town or, if such conflict is with a law or regulation, the bid conclusively is presumed to be predicated upon full compliance therewith.

5) This IS NOT a request for proposals. Bidders must meet the minimum stated requirements, and shall be evaluated based upon the requirements herein.

6) Any questions regarding this solicitation or specifications must be in writing to the Purchasing Department prior to the bid due-date. Potential bidders are encouraged to provide written questions no later than five days prior to the bid opening so that, if appropriate, the Director may generate an amendment to the solicitation.

7) The bidder is to familiarize themselves thoroughly with all the documents enumerated herewith, as it is conclusively understood that all bids are based upon full compliance with the various provisions contained herein.

The same documents will be incorporated into the contract documents.

8) All bidders must sign and submit the attached certificates as to corporate bidder, non-collusion, and tax compliance.

9) No bid received after the closing time and date established in this IFB for the receipt of bids will be considered regardless of the cause for delay.

10) A bidder may correct, modify, or withdraw a bid by sealed, written notice clearly marked as a correction, modification, or withdrawal and received by the Town of Watertown prior to the time and date set for the bid opening.

11) On Tuesday, May 22, 2018, at 11:00 am, the Town of Watertown will cause to be opened and publicly read aloud, every bid received within the time set for receiving bids, irrespective of any irregularities therein.

Bidders and other persons properly interested may be present, in person or by representative.

12) Bidders are required to complete and submit the Qualification and

Reference Forms provided in this bid package in accordance with instruction printed therein.

Rule for Award:

1) The pricing of labor, materials (including markup) as well as experience, qualifications and references will be used to evaluate bids.

2) The successful bidder must have demonstrated experience performing similar services for municipalities or school districts over the past five years.

3) In order to be responsive to this IFB, each bidder’s company must have:

a. Five (5) or more years in the Plumbing Service industry and must hold a required licenses from the Commonwealth of Massachusetts

b. Representation of fleet vehicle and licensed personnel capable of responding within the required response time(s); and,

c. Three (3) municipal references indicating the bidder’s service quality, response time, personnel qualifications, business and billing office competence, equipment and part locating and pricing ability.

d. Successful bidder must have no less than 1 Licensed Master

Plumber on staff.

Any certifications and/or licenses of personnel to be utilized during the term of this contract must be attached to each bid.

4) The successful bidder must possess adequate labor, equipment, engineering, and management capabilities to effectively service this contract over the anticipated term, including all renewal options.

5) The availability and proximity of the contractor’s prime business location, as well as experience with school and municipal building work, shall be considered in its ability to respond to the Town of Watertown.

6) Items or services equaling or exceeding the specifications will be considered as meeting the specifications.

7) Bids submitted pursuant to this IFB will be reviewed and evaluated pursuant to standards required by MGL Chapter 149, considering the lowest responsible and eligible bidder’s pricing structure, first in regard to hourly rate and overtime rate and provided that overtime does not exceed 1.5 times the base hourly rate and overtime rate does not exceed 2.0 times the base hourly rate.

8) Failure to comply with the above requirements or any attached specifications will be justification to reject any bids as incomplete.

Contract Terms and Conditions:

1) The contractor shall indemnify and hold harmless the Town of Watertown, and all of its officers, agents and employees against all suits, claims, and liabilities of every name and nature for any injuries to persons or damage to property arising out of or relating to any acts of, or failure to act by, the Contractor, his/her employees, agents, or subcontractors, in the performance of the work of this contract or failure to comply with the terms and conditions of the contract.

2) The Town reserves the right to cancel the contract on fifteen (15) days notice and to award the contract to the next lowest bidder on evidence of the contractor’s failure to perform in accordance with specifications, and the contractor shall have no legal recourse or claim against the Town.

3) The Town may cancel this contract at any time without cause upon thirty days prior notice. The Town may cancel this contract at any time for just cause upon 24-hours written notice. Upon termination, the Contractor is only entitled to be paid for work performed and completed and not for lost profits and/or any indirect overhead costs.

4) The contractor shall conform to all requirements of federal, state, and local laws, including prevailing wage laws.

5) Copies of all certifications and licenses for personnel utilized during the term of the contract must be updated, kept current and maintained on-file with the Town of Watertown during the term of the contract.

6) There must be no assignment to third parties unless expressly agreed to in writing by the Town of Watertown.

7) The selected contractor(s) shall provide Blanket Performance Bonds and Materials/Payment Bonds each in the amount of $1,000.00, issued by a surety satisfactory to the Town of Watertown with a signed contract for the term of the contemplate contract. The value of such Bonds, nor the potential value of each contemplated contract shall in any way require the Town to place repair and replacement orders up to such amounts during any term of the contemplated contract(s).

8) By submitting a bid, the contractor agrees to execute the contract, provide insurance certificates, bonds, and other required documents, and to commence work within the time limits specified herein.

9) The contract shall be considered to include all terms and conditions required to be included in it by Massachusetts General Laws, as amended, as though such terms were set forth in full therein.

Bid Forms

A. Contract Agreement

The undersigned proposes to furnish all labor and materials as is required for this contract for buildings owned and operated by the Town of Watertown in accordance with the accompanying specifications, requirements, terms and conditions contained herein for the contract price specified.

Signature: _______________________________________________________

Name (Printed): __________________________________________________

Title: _____________________________ Date: _______________________

B. References and Qualifications

1. Do you have at least five (5) years demonstrated experience performing similar services for municipalities or school districts?

________ Yes ________ No

2. Can you respond to normal service calls within four (4) hours?

3. Can you respond to emergency calls within two (2)?

4. Do you have the vehicles and licensed personnel capable of performing the requested services within the required response time?

________ Yes ________ No

5. Do you possess adequate labor, equipment, engineering, and management capabilities to effectively service this contract over the anticipated term, including all renewal options?

_______ Yes ________ No

6. In what city or town is your primary place of business located and may we visit your facilities?

________________________________ ______Yes ______No

7. Have you or your firm ever been terminated on an awarded contract, or have you ever otherwise failed to complete any work awarded?

If “yes,” attach a description of the circumstances on a separate sheet.

8. Please list the names of three (3) municipalities or school districts that you have provided similar services to within the last three (3) years.

Municipality/District: _______________________________________________

Contact Name: ____________________________ Phone: _________________

Address: _________________________________________________________

Contract Term (e.g. 2012-2015): ________________ Total Value: ___________

Municipality/District: _______________________________________________

Contact Name: ____________________________ Phone: _________________

Municipality/District: _______________________________________________

Contact Name: ____________________________ Phone: _________________

C. Pricing

Hourly Rates (Licensed Plumber):

Monday – Friday 7:00 a.m. – 4:00 p.m. $________/hr x 50 hrs* = $_________ (1)

Monday – Friday 4:00 p.m. – 7:00 a.m. $________/hr x 20 hrs* = $_________ (2)

Saturdays, Sundays, Holidays $________/hr x 10 hrs* = $_________ (3)

Hourly Rates (Helper/Journeyman):

Monday – Friday 7:00 a.m. – 4:00 p.m. $________/hr x 50 hrs* = $_________ (4)

Monday – Friday 4:00 p.m. – 7:00 a.m. $________/hr x 20 hrs* = $_________ (5)

Saturdays, Sundays, Holidays $________/hr x 10 hrs* = $_________ (6)

* Hours are for evaluative purposes only and do not reflect actual estimate of hours required under contract.

Contractor’s Mark-Up:

The contractor will mark-up all supplies and outside subcontractor’s services per an agreed upon rate as shown below.

Mark-up = ( _______% x $5000*) + $5000*) = $_________ (7)

* Material amounts are for evaluative purposes only and do not reflect actual estimate of materials required under contract.

Total Estimated Contract Price (Sum of Lines 1 – 7) = $__________

D. Non-Collusion Certificate

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

As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature: Date:

Print Name:

Title:

Name of Business:

E. Non-Debarment Certificate

The undersigned certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29, or any other applicable debarment provisions of any other Chapter of the General Laws or any rule or regulation promulgated thereafter.

Signature: Date:

Print Name:

F. Tax Compliance Certificate

Pursuant to M.G.L. Chapter 62C, Chapter 49A, and Chapter 151A, Section 19A, I do hereby certify under the penalties of perjury that my company has filed all state tax returns and paid all taxes required by law and complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

Signature: Date:

Print Name:

G. Certificate of Corporate Authority

At a duly authorized meeting of the Board of Directors of

{Name of Corporation) held on

{Date} at which all Directors were present or waived notice, it was voted that {Name of Officer}, by his/her position of {Title of Officer}, is authorized to execute contracts and bonds in the name and behalf of the said company, and affix its corporate seals thereto, and such execution of any

Contract or obligation in this company’s name on its behalf by its

{Title of Officer} shall be valid and binding upon this company.

I hereby certify that I am the Clerk of

{Name of the Corporation}, that

{Name of Officer} is the duly elected {Title of Officer} of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date below.

A true copy, Attest:

{Clerk}

Place of Business:

Affix Corporate Seal below:

REFERENCES Bidder Name: _______________________

All bidders must submit a minimum of 5 references for public facility Plumbing & Heating repair projects completed within the past 24 months and 3 references for general Plumbing and Heating repair projects.

1. List five (5) recent contracts completed for public facilities Plumbing projects:

Name: ___________________________________

Phone #: _________________________________ Address: _________________________________

Total Contract Amount:_____________________ Description of Work:

Name: ___________________________________

Phone #: _________________________________ Address: _________________________________

Total Contract Amount: _____________________ Description of Work:

Name: ___________________________________ Phone #: _________________________________

Address: _________________________________ Total Contract Amount: _____________________ Description of Work:

Name: ___________________________________

Phone #: _________________________________ Address: _________________________________

Total Contract Amount: _____________________ Description of Work:

Address: _________________________________ Total Contract Amount: _____________________ Description of Work:

2. List five (3) recent contracts completed for general Plumbing and Heating projects:

Name: ___________________________________ Phone #: _________________________________

Address: _________________________________ Total Contract Amount: _____________________ Description of Work:

Name: ___________________________________

Phone #: _________________________________ Address: _________________________________

Total Contract Amount: _____________________ Description of Work:

Address: _________________________________ Total Contract Amount: _____________________ Description of Work:

3. Have you been in business more than five (5) years?

Yes _____No ________

COMPANY NAME:

ADDRESS:

AUTHORIZED SIGNATURE:

TITLE: _________________________________

TELEPHONE: ____________________________ FAX:

EMAIL: ______________________________________________________

CONTACT INFORMATION

For service calls or information this department will need contact sources. Service must be provided 24 hours per day/7 days per week.

REGULAR SERVICE CALLS

For service calls Monday thru Friday, between 7:00 A.M. and 5:30 P.M., exclusive of holidays, the contact person will be:

1. Primary Contact: _____________________________________________

Person’s title: ________________________________________________

Person’s telephone #(s): ________________________________________

2. Secondary Contact: ____________________________________________

Person’s title:_________________________________________________

Person’s telephone #(s):_________________________________________

AFTER HOURS/SATURDAY/SUNDAY/HOLIDAY CALLS

For emergency calls Monday thru Friday, between 5:30 P.M. and 7:00 A.M. and Saturday, Sunday and legal Holidays, the contact person(s) will be:

1. Primary Contact: _______________________________________________

Person’s title: __________________________________________________

Person’s telephone #(s): __________________________________________

2. Secondary Contact: ______________________________________________

Person’s title: __________________________________________________

Person’s telephone #(s):___________________________________________

All calls must be returned within one (1) hour.

Beeper numbers are acceptable. Please note above if you are giving a beeper number

WORKER INFORMATION

List the names of plumbers/apprentice/journeymen that would be assigned to work at Town buildings. These stated personnel must have the required public facility plumbering repair experience noted in this bid document.

Note: It will be required that those persons listed below will be the only tradesmen allowed to work or assign work in town buildings or property. If any other person is assigned by the contracting company, without a valid reason, this may be cause for cancellation of this contract.

NON-SPECIFIED TRADESMEN WILL NOT BE ALLOWED ON TOWN PROPERTY AT

ANY TIME. THIS CONTRACT IS FOR BONA FIDE, EXPERIENCED TRADESMEN. ALL

TRADESMEN ASSIGNED MUST BE TOTALLY FAMILIAR WITH THE WORK THAT IS

TO BE PERFORMED. ONLY ONE PLUMBER WILL BE ASSIGNED TO WORK ON ANY

ONE PROBLEM AT ONE TIME. THERE ARE NO EXCEPTIONS UNLESS APPROVAL

IS GIVEN BY THE DIRECTOR OF FACILITIES, BEFORE WORK PROCEEDS. THIS IS

AN ABSOLUTE CONDITION.

All information must be updated. If there are any changes in personnel with respect to this contract the Town must be notified of this immediately in writing or there may be grounds for breach of contract. If this is a temporary personnel change (i.e. worker calls in sick) the Town must be verbally notified of this before the alternate workman enters a Town building.

PRIMARY PLUMBER

Name:______________________________________________________________

Title/position: ________________________________________________________

# of years with company:________________________________________________

# of years experience: _________________________________________________

MINIMUM – 5 YEARS

Photocopy of license required - State License #: ____________________________

Give a brief description of work experience, type of equipment or jobs this person is familiar with:

APPRENTICE

Name:______________________________________________________________

Title/position: ________________________________________________________

# of years with company:________________________________________________

# of years experience: _________________________________________________

Photocopy of license required - State License #: ____________________________

Give a brief description of work experience, type of equipment or jobs this person is familiar with:

JOURNEYMEN

Name:______________________________________________________________

Title/position: ________________________________________________________

# of years with company:________________________________________________

# of years experience: ________________________________________________

Photocopy of license required - State License #: ___________________________

Give a brief description of work experience, type of equipment or jobs this person is familiar with:

Town of Watertown Procedures OSHA Training Certification of contractors

As of July 1, 2006, the Town of WATERTOWN will comply with the amended MGL chapter 30 section 39s “Contracts for Construction: Requirements” as follows.

The Town of WATERTOWN in all bids and contracts that fall under the application of this law, as amended, will require bidders and/or contractors to comply with the requirements of certifying that they and their employees have complied with MGL chapter 30 section 39s. This law requires successful completion of a 10 hour OSHA safety training course prior to working on the Town’s worksite or in the work subject to the bid or contract.

The Town will reject any bids that do not include proper certification submitted with the bids at the posted time for bid opening, however, the town may, at its sole discretion, allow up to two (2) working days for the contractor to submit the required certification. In those cases where contracts are offered without using the sealed bid process, the same certification will be due upon contract signing.

It is expected that the contractor, by signing the certification form provided with the bid is fully meeting the language of the law, as amended, and that they are accepting the responsibilities to comply with the law for the full term of the work.

The Town of WATERTOWN will pay certified payrolls that are deemed complete. The statute indicates that with the first certified payroll submitted to the Town, documentation must be provided that each employee on the payroll documents submitted to the Town has successfully completed the OSHA training.

Any employee who’s name does not appear on the first certified payroll must submit certification with the first payroll they do appear on. Failure to provide full documentation may result in a delay in payment to the vendor as the packet submitted for payment would be determined to be incomplete.

Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

This certification requirement will go into effect for any bids received or contracts awarded after July 1, 2006 in accordance with MGL 30 39s as amended by Chapter 306 of the Acts of 2004.

CERTIFICATION

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) TRAINING

In accordance with Massachusetts General Law 30: Section 39S, as amended by Chapter 306 of the Acts of 2004, effective 7/1/06, for all contracts for the construction, reconstruction, alteration, remodeling or repair of any public work or the construction, reconstruction, installation, demolition, maintenance or repair of any public building estimated to cost more than $10,000, the Contractor hereby certifies to the following:

(1) 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; (2) that all employees to be employed 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 10 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; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

(b) Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

(c) The attorney general, or his designee, shall have the power to enforce this section including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that the award or performance has resulted in violation, directly or indirectly, of subsection (b), and he shall not be required to pay to the clerk of the court an entry fee in connection with the institution of the proceeding.

The undersigned hereby certifies under the penalties of perjury to the above:

Company: ___________________________________________________

Authorized Signature:

Print Name: __________________________________________________

Title: ________________________________________________________

Date:

Telephone: ____________________________________Fax:

TOWN OF WATERTOWN, MASSACHUSETTS

SAMPLE

AGREEMENT FOR

ON-CALL PLUMBING AND HEATING SERVICES

THIS AGREEMENT made this day of by and between the Town of Watertown, a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at 149 Main Street, Watertown, MA, 02472, acting by and through its Town Manager, hereinafter referred to as the “Town”, and a Massachusetts limited liability corporation having a usual place of business at , hereinafter referred to as the “Contractor”.

WITNESSETH:

Whereas, the Town invited the submission of a quote for On-Call Plumbing and Heating Services “the Project”; and

WHEREAS, the Contractor submitted a quote in response to said invitation, and the Town has awarded the contract therefor to the Contractor.

NOW, THEREFORE, the Town and the Contractor agree as follows:

1. Contract Documents. The Contract Documents consist of this Agreement, the purchase description, if any, the Invitation for Bids, Instructions to Bidders, Scope of Services or Specification, bid submitted by the Contractor, including any negotiated modifications to the Plan of Services, and addendums. The Contract Documents constitute the entire Agreement between the parties concerning the work, and all are as fully a part of this Agreement as if attached hereto. In the event of a conflict between any of the Contract Documents, the document most favorable to the Town, in its sole determination, shall prevail.

2. The Work. The Work consists of On-Call Plumbing and Heating Services, as more fully described in the quote form as defined above.

3. Term of Contract. This Agreement shall be in effect from July 1, 2018 and shall expire on June 30, 2019 as described in the bid documents, unless terminated earlier pursuant to the terms hereof or extended for an additional one year term at the sole discretion of the Town.

4. Compensation. A. The Town shall pay, as full compensation for items and/or services furnished and delivered in carrying out this Agreement. Total Price $ , as set forth in more detail in the Contract Documents.

B. The acceptance by the Contractor of final payment for items and/or services provided shall be deemed a release of the Town from any and all claims and liabilities under this Agreement.

C. Neither the Town's review, approval or acceptance of, nor payment for any of the items and/or services provided shall be construed to operate as a waiver of any rights of the Town under the Agreement or any cause of action arising out of the performance of the Agreement.

5. Payment of Compensation. The Town shall make payments as follows: within 30 days of approved pay requisition with original certified payroll.

6. Liability of the Town. The Town’s liability hereunder shall be to make all payments when they shall become due, and the Town shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the Town or any elected or appointed official or employee of the Town, or their successors in office, personally liable for any obligation under this Agreement.

7. Payment and Performance Bonds. The contractor shall provide a Payment and

Performance Bonds in the amount of 100% of the contract value within 10 days of the contract award to stay in effect for the full term of the contract.

8. Indemnification. The Contractor shall indemnify, defend, and hold the Town harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney’s fees, arising out of the Contractor's breach of this Agreement or the negligence or willful misconduct of the Contractor, or the Contractor's agents or employees.

9. Insurance. A. the Contractor shall obtain and maintain during the term of this

Agreement the insurance coverage in companies licensed to do business in the Commonwealth of Massachusetts, and acceptable to the Town, as follows:

General Liability: $1,000,000 per occurrence $2,000,000 general aggregate $2,000,000 minimum umbrella/excess

Workers’ Compensation: Mandatory coverage as required by the Commonwealth of Massachusetts

B. All policies shall identify the Town as an additional insured (except Workers'

Compensation) and shall provide that the Town shall receive written notification at least 30 days prior to the effective date of any amendment or cancellation.

Certificates evidencing all such coverage’s shall be provided to the Town upon the execution of this Agreement, and at least ten (10) days prior to the renewal of any such coverage. Each such certificate shall specifically refer to this Agreement and shall state that such insurance is as required by this Agreement. Failure to provide or to continue in force such insurance shall be deemed a material breach of this

Agreement and shall be grounds for immediate termination.

10. Assignment. The Contractor shall not assign, sublet or otherwise transfer this

Agreement, in whole or in part, without the prior written consent of the Town, and shall not assign any of the moneys payable under this Agreement, except by and with the written consent of the Town.

11. Termination. A. Termination for Cause. If at any time during the term of this

Agreement the Town determines that the Contractor has breached the terms of this Agreement by negligently or incompetently performing the work, or any part thereof, or by failing to perform the work in a timely fashion, or by failing to perform the work to the satisfaction of the Town, or by not complying with the direction of the Town or its agents, or by otherwise failing to perform this Agreement in accordance with all of its terms and provisions, the Town shall notify the Contractor in writing stating therein the nature of the alleged breach and directing the Contractor to cure such breach within ten (10) days. The Contractor specifically agrees that it shall indemnify and hold the Town harmless from any loss, damage, cost, charge, expense or claim arising out of our resulting from such breach regardless of its knowledge or authorization of the actions resulting in the breach. If the Contractor fails to cure said breach within ten

(10) days, the Town may, at its election at any time after the expiration of said ten (10) days, terminate this Agreement by giving written notice thereof to the Contractor specifying the effective date of the termination. Upon receipt of said notice, the Contractor shall cease to incur additional expenses in connection with this Agreement.

Upon the date specified in said notice, this Agreement shall terminate. Such termination shall not prejudice or waive any rights or action which the Town may have against the Contractor up to the date of such termination, and the Contractor shall be liable to the Town for any amount which it may be required to pay in excess of the compensation provided herein in order to complete the work specified herein in a timely manner. Upon such termination, the Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the Town.

B. Termination for Convenience. The Town may terminate this Agreement at any time for convenience by providing the Contractor written notice specifying therein the termination date which shall not be sooner than ten days from the issuance of said notice. Upon receipt of said notice, the Contractor shall cease to incur additional expenses in connection with this Agreement. Upon such termination, the Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the Town, such payment not to exceed the fair value of the services provided hereunder.

12. Inspection and Reports. The Town shall have the right at any time to inspect the work of the Contractor, including the right to enter upon any property owned or occupied by Contractor, whether situated within or beyond the limits of the Town. Whenever requested, Contractor shall immediately furnish to the Town full and complete written reports of its operation under this Agreement in such detail and with such information as the Town may request.

13. Royalties and Patents: The Contractor shall pay all applicable royalties and license fees. In addition, the Contractor hereby represents that it is duly authorized to use any process or other intellectual property rights held by third parties in the performance of this Agreement, it shall defend all suits or claims for infringement of any patent or other intellectual property rights and shall indemnify and hold the Town harmless from loss on account thereof.

14. Successor and Assigns. This Agreement is binding upon the parties hereto, their successors, assigns and legal representatives. Neither the Town nor the Contractor shall assign or transfer any interest in the Agreement without the written consent of the other. Notwithstanding the approval of any assignment by the Town pursuant to this paragraph, the Contractor shall remain liable for the full performance of the terms of this Contract.

15. Compliance with Laws. The Contractor shall comply with all Federal, State and local laws, rules, regulations and orders applicable to the work provided pursuant to this Agreement, such provisions being incorporated herein by reference, and shall be responsible for obtaining all necessary licenses, permits, and approvals required for the performance of such work. The Contractor shall indemnify and hold the Town harmless for and against any and all fines, penalties or monetary liabilities incurred by the Town as a result of the failure of the Contractor to comply with the previous sentence.

16. Notice. Any and all notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to…