Wastewater Sludge Cake Hauling and Disposal_DPW 26-02.pdf

CITY OF GREENFIELD

Department of Public Works

CONTRACT DPW 26-02

Wastewater Sludge Cake Hauling and Disposal

TABLE OF CONTENTS:

PAGE #

ADVERTISEMENT FOR BIDDERS 3

SECTION 1 – INFORMATION FOR BIDDERS 4

SECTION 2 – FORMS FOR BID 10

Bid Form 12-13 Non-collusion/Tax Compliance Certification 14 OSHA Training Certification 15

SECTION 3 – AGREEMENT 16

SECTION 4 – BONDS 22

SECTION 5 – SCOPE OF SERVICES 27

ADVERTISEMENT FOR BIDDERS

DEPARTMENT OF PUBLIC WORKS

189 WELLS STREET

GREENFIELD, MA 01301

Sealed Bids addressed to the Department of Public Works, 189 Wells Street, Greenfield, Massachusetts, 01301 and endorsed “Bid for Contract DPW 26-02 Wastewater Sludge Cake Hauling and Disposal” will be accepted by the Department of Public Works in the new Administration Building at the DPW Yard until 2:00 P.M. on Thursday, February 19, 2026 and then at that time, publicly opened and read aloud in the Administration Building Meeting Room.

The scope of services consists of the removal of sludge cake from the City of Greenfield’s Water Pollution Control Plant (WPCP) located at 384R Deerfield Street, Greenfield, MA and transporting it to a legal disposal facility. The five (5) year average (1/2020-12/2024) wet tons of sludge is 9,413 wet tons per year. This contract is for a sixteen (16) month period, starting March 1, 2026 and ending June 30, 2027.

Contract Documents and proposal forms may be secured electronically at no charge by contacting ian.hodgdon@greenfield-ma.gov or by downloading them from the City’s Purchasing Department’s webpage at https://greenfield-ma.gov/departments/procurement/current_bid_opportunities.php To get on the Bidder’s List, bidders should contact the DPW at ian.hodgdon@greenfield-ma.gov or by calling 413-772-1528 x6102. The Bid Package will be available starting Monday, February 2, 2026.

Bids are subject to the provisions of the Massachusetts General Laws Chapter 30B as amended.

A 100% Performance Bond will be required of the successful bidder.

A recommended pre-bid site visit is scheduled for 10am on Thursday, February 12, 2026, at the WPCP located at 384R Deerfield Street, Greenfield, MA.

The responsive and responsible bidder offering the lowest price shall be awarded the project, subject to the availability of funding. The City of Greenfield reserves the right to waive any informality in and to reject any or all proposals or to accept the proposal deemed most satisfactory to the owner, if it be in the public interest to do so.

The Contract awarding authority is:

City of Greenfield

Department of Public Works Greenfield, Massachusetts

SECTION 1

INFORMATION FOR BIDDERS

INFORMATION FOR BIDDERS

1.1 Introduction:

The City of Greenfield is requesting bids on a per wet ton basis for transportation and final legal disposal of wastewater treatment sludge cake generated from the Greenfield Water Pollution Control Plant (WPCP), located at 384R Deerfield Street, Greenfield, MA 01301. Wastewater treatment undertaken at the facility consists of screening, grit removal, primary sedimentation, trickling filtration, secondary sedimentation and chlorination. Sludge processed at the WPCP consists of thickened primary and humus sludge (TS). A DSP Screw Press by BDP Industries has been installed at the WPCP and start up is expected for March 1, 2026. The sludge cake will travel on a conveyor system from inside the WPCP and into the enclosed trailer bay where the sludge cake will drop into the forward, middle, and aft end of the dump trailer. The triple drop conveyor system can be adjusted to drop from either foreword, middle or aft depending on the trailer size utilized.

The trailer bay has a door 12’ wide and will accommodate a dump trailer 30’ in length. A dump trailer is preferred but a “roll off” is accepted. The Vendor awarded the contract must provide services that include a trailer on site in the trailer bay for sludge cake deposit. When notified by WPCP staff requiring hauling of the filled trailer, the vendor must arrive with an empty trailer to replace the full trailer, move the full trailer out of the bay, place the empty trailer into the bay, and haul the full trailer to the permitted disposal facility.

The City will not guarantee production of a minimum quantity of sludge under this contract. The historical data regarding wet ton production over a five (5) year period from 1/2020 through 12/2024 averaged 9,413 wet tons per year, but the City does not warrant or represent that it is indicative of future sludge production.

Since the amount of sludge is being estimated based on historical information only, all proposals should be governed by the following:

1. This contract is for a sixteen (16) month period, starting March 1, 2026 and ending

June 30, 2027.

2. It can be assumed that the City will experience the need for the removal of its WPCP sludge at intervals consistent with their historical amounts during the terms of this contract.

3. A minimum of 1 trailer to a maximum of 3 trailers per week may be required.

4. Estimated 18%-20% solids with the new DSP Screw Press.

5. The WPCP staff will notify the vendor for trailer pickup/swap with at least a 48 hour notice but could be no less than 24 hour notice in some instances.

6. The projected volume of sludge cake for this contract is estimated as follows:

Wet Tons 12,551 wet tons/16 months.

Bidders will be required to honor the quoted price for all sludge actually produced by the WPCP during the contract period. Sludge cake proposals must be expressed on a cost per wet ton basis for sludge cage disposal and round-trip transportation. It is required that all proponents commit to firm unit costs (per wet ton) regardless of the degree to which actual tonnage falls short of, or exceeds, the projected amount.

1.2 Questions Regarding Contract Documents. In general, no answers will be given to prospective bidders in reply to an oral question if the question involves an interpretation of the intent or meaning of the Contract Documents, or the equality or use of products or methods other than those designated or described in the specifications. Any information given to bidders other than by means of the Contract Documents, including Addenda, as described below, is given informally for information and the convenience of the bidder only and is not guaranteed. The bidder agrees that such information shall not be used as the basis of nor shall the giving of any such information entitle the bidder to assert any claim or demand against the owner or the engineer on account thereof.

To receive consideration, such questions shall be submitted in writing to the City at least 7 days before the established date for receipt of bids. If the question involves the equality or use of products or methods it must be accompanied by drawings, specifications or other data in sufficient detail to enable the City to determine the equality or suitability of the product or method.

The City will set forth as Addenda, which shall become a part of the Contract Documents, such questions received as above provided as in his sole judgment are appropriate or necessary and his decision regarding each. At least three days prior to the receipt of Bids, the Awarding Authority will send a copy of these Addenda to those prospective bidders known to have taken out sets of the Contract Documents.

The Contractor agrees to use the products and methods designated or described in the Specifications as amended by the Addenda.

1.3 Bidders to Investigate. Bidders are required to submit their Bids upon the following express conditions which shall apply to and be deemed a part of every Bid received, viz:

Bidders must satisfy themselves by personal examinations of the site of the work and by such other means as they may wish, as to the actual conditions there existing, the character and requirements of the Work, the difficulties attendant upon its execution, and the accuracy of all estimated quantities stated in the Bid.

1.4 Submitting Bids. All Bids must be upon the blank form for Bid annexed hereto, state the proposed price of each item of the Work, both in words and in figures, and be signed by the Bidder with his business address and place of residence. In the event of a conflict in the bid amount, words shall govern.

Each bid shall be submitted to the City in a sealed envelope. On the outside of the envelope shall be written the bidder’s name and address and the name of and description of the project for which the Bid is submitted.

If forwarded by mail, the sealed envelope containing the Bid and marked as directed above, must be enclosed in another envelope addressed to the City.

1.5 Withdrawal of Bids. Except as hereinafter in this subsection otherwise expressly provided, once his/her Bid is submitted and received by the City for consideration and comparison with other bid similarly submitted, the bidder agrees that he may not and will not withdraw it within 30 (thirty) consecutive calendar days after the actual date of the opening of Bids.

Upon proper written request and identifications, Bids may be withdrawn as follows:

1. At any time prior to the designated time for the opening of Bids.

2. Provided the Bid has not therefore been accepted by the City at any time subsequent to the expiration of the period during which the bidder has agreed not to withdraw his Bid. Unless a Bid is withdrawn as provided above, the Bidder agrees that it shall be deemed open for acceptance until the City notifies a Bidder in writing that his Bid is rejected or that the City does not intend to accept it. Notice of acceptance of a Bid shall not constitute rejection of any Bid.

1.6 Ability and Experience of Bidder. No award will be made to any Bidder who cannot satisfy the City that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable said firm to prosecute and complete the Work successfully. The City decision or judgment on these matters shall be final, conclusive, and binding.

The Bidder is to submit a list of references, minimum of three (3) required.

The City may make such investigations as it deems necessary, and the Bidder shall furnish to the City, under oath if so required, all such information, and data for this purpose as the City may request.

1.7 Bids. The City may reject Bids which in its sole judgment are either incomplete, conditional, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities, or the City may waive such omissions, conditions or irregularities.

1.8 Right to Reject Bids. The City reserves the right to reject any or all Bids should the City deem it to be in the public interest to do so.

1.9 Execution of Agreement. The Bidder whose bid is accepted will be required and agrees to duly execute the AGREEMENT, after notification that the AGREEMENT is ready for signature within 10 calendar days. All required documentation shall accompany the signed contract including but not limited to certificates of insurance and OSHA training certification.

1.10 Insurance Certificates. The Contractor will not be permitted to start work until he has submitted certificates covering all insurance called for, and has obtained approval in writing of such certificates from the City.

Before starting, the Contractor shall procure, deposit, and maintain with the City, insurance satisfactory to the City as follows:

A. Workmen’s Compensation and Employer’s Liability Insurance as required by the

Workmen’s Compensation Laws of the Commonwealth of Massachusetts.

B. Comprehensive Commercial Liability Insurance covering Bodily Injury and Property Damage (Broad Form) as follows:

Limits of Liability* $1,000,000 each occurrence

$2,000,000 aggregate

* or $1,000,000 single limit combined Bodily Injury and Property Damage.

The Comprehensive Commercial Liability Policy shall provide insurance for the Contractor for Bodily Injury and Property Damage to third persons arising out of:

1. Work performed by the Contractor himself with his own employees, called “premises operations.”

2. Work performed by his subcontractors, called “sublet work” or Independent Contractors (this is referred to as Contractor’s Protective Liability).

3. The Contractor’s liability assumed under this contract, called “Hold Harmless” clauses or indemnity agreement. (This is referred to as Contractual Liability Insurance).

C. Comprehensive Automobile Liability Insurance covering Bodily Injury and Property

Damage, as follows:

Limits of Liability

Bodily Injury $500,000 each person $1,000,000 each accident

Property Damage $1,000,000 each accident

* or $500,000 single limit combined Bodily Injury and Property Damage.

This insurance is to apply with respect to all owned or hired vehicles of the Contractor and non-ownership protection for all employees of the Contractor engaged in the performance of this contract.

D. All policies shall be so written that the City will be notified of cancellation or restrictive amendment at least 30 days prior to the effective date of such cancellation or amendment. Certificates from the insurance carrier stating the limits of liability and expiration date shall be filed in triplicate with the City before operations are begun. Such certificates not only shall name the types of policy provided, but also shall refer specifically to this Contract* and article and the above paragraphs in accordance with which insurance is being furnished and shall state that such insurance is as required by such paragraphs of this Contract and shall be sufficiently comprehensive as to permit the owner to determine that the required insurance coverage has been provided without the necessity of examining the individual insurance policies.

If the initial insurance expires prior to completion of the Work, renewal certificates shall be furnished by the date of expiration.

* If blanket coverage is furnished, this particular Contract need not be referred to.

No insurances required or furnished hereunder shall, in any way, relieve the Contractor of, or diminish any of his responsibilities, obligations and liabilities under the Contract.

1.11 Comparison of Bids. Bids will be compared on the basis of lump-sum or unit prices stated in the BID.

In the event that there is a discrepancy in the Bid between the lump-sum or unit prices written in words and figures, the prices written in words shall govern.

The City agrees to examine and consider each Bid submitted in consideration of the Bidder’s agreements, as hereinabove set forth and as set forth in the BID.

1.12 Disputes. In the event of any dispute as to any of the terms and conditions of this contract, it shall be determined in accord with the laws of the Commonwealth of Massachusetts and the Courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction of the same.

1.13 Indemnification. The Contractor shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of the Contractor, and shall exonerate, indemnify and hold harmless the City’s officers, agents, and all employees from and against them and local taxes or contributions imposed or required under Social Security, Worker’s Compensation, and Income Tax Laws. Further, the Contractor shall exonerate, indemnify and hold harmless the City with respect to any damages, expenses, or claims arising from or in conjunction with any work performed by the Contractor.

This shall not be construed as a limitation of the Contractor liability under the Contract or as otherwise provided by law.

The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any subcontractor or of anyone directly or indirectly employed by them or for whose acts anyone of them may be liable in connection with operations under the Contract. In addition to any indemnification of the City of Greenfield by the Contractor, the Contractor hereby indemnifies and shall at all times defend, save and hold harmless the City of Greenfield, and all of its officers, employees or agents from and against any and all demands, claims, actions, lawsuits, judgments, damages, penalties, liabilities, losses, expenses and costs (including legal defense and court and witness costs) of any kind or nature of or by anyone whomsoever, for injuries to or death of occasioned by or in any way resulting from the Contractor performance of, or activities pursuant to, this Contract or the Contractor rendering of services or omissions or conduct in anyway connected with the Contract or under the whole or in part by any negligent act or omission of the Contractor or any subcontractor or anyone directly or indirectly employed by any of them, regardless of whether or not it is caused in part by a party indemnified hereunder. The City of Greenfield’s defense or settlement or any claim or suit or action in anyway arising out of the subject matter of this Contract shall not be deemed to be a waiver by the City of Greenfield of any of its rights against the Contractor or others under this paragraph.

SECTION II

FORMS FOR BID

SECTION II: Bid Submission Checklist for all Bidders

1. _______ Bid Form

2. _______ Non-collusion/Tax Compliance Certification

3. _______ OSHA Training Certification

4. _______ Agreement between Contractor and Disposal Facility or Facilities

5. _______ Valid State and/or Federal permits that may be required for the transportation of sludge

Bidder’s Name

BID FORM

To the City of Greenfield, Massachusetts, (hereinafter called the “Owner”) acting through its Department of Public Works, duly authorized therefore, who act solely for said City and without personal liability to themselves:

Gentlemen:

The undersigned ____________________________________, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that the bidder has carefully examined the proposed form of Proposal and the Specifications (and amendments thereto); and he bids and agrees, if this bid is accepted, that the bidder will furnish the equipment specified in the Proposal, in the manner and time therein prescribed and according to the requirements of Owner as herein set forth.

The Bidder agrees that the Owner will have thirty (30) consecutive days from date of opening to accept the bid, except as described in the specifications, the unit(s) at the price, therein. The Bidder also understands that the Owner reserves the right to accept or reject any or all bids and to waive any informalities in the Proposals if it is in the Owner’s interest to do so. The Notice of Bid, Instructions to Bidder, Specifications and Proposal Form attached thereto, shall become a contract upon the receipt by the Bidder or written acceptance of this bid by the Owner.

The Bidder will take in full payment, therefore, the following prices:

March 1, 2026 – June 30, 2027

1. Unit cost per wet ton (Includes Transportation and Disposal) $_________________/wet ton

(Amount in words ___________________________)

The total price for Item 1 under March 1, 2026 – June 30, 2027, derived as described in the Information for Bidders under the heading “Comparison of Bids" is: $**

As provided in the Information for Bidders, the bidder hereby agrees that he will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the City shall accept this BID, the bidder will duly execute and acknowledge the Agreement and furnish, duly executed and acknowledged, the required Contract Bonds within ten (10) days after notification that the Agreement and other Contract Documents are ready for signature.

This BID includes Addenda Number ***____________________________

**Bidder must fill in this blank ***To be filled in by Bidder if Addenda are issued.

Name of Bidder

(Seal)

By _____________________________________ Signature and Title of Authorized Representative

Business Address

City and State

The bidder is a corporation incorporated in the State (or Commonwealth) of __________________ (Bidder must add and delete, as necessary, to make this sentence read correctly).

NOTE: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager, if any; if a partnership, give full names and residential addresses of all partners, and if an individual, give residential address if different from business address.

TAX COMPLIANCE/NON-COLLUSION CERTIFICATION

Bid No.________________________ for _________________________________

The undersigned certifies under penalties of perjury that this bid 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, entity, or group of individuals.

(Name of person signing bid)

(Name of business)

Pursuant to M.G.L. Chapter 62C, section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law.

Social Security Number Signature of Individual or Corporate Name

By:________________________________ Corporate Officer (if applicable)

Any person or corporation that fails to execute these attestation clauses shall not be awarded this bid.

Submission of a social security or federal identification number is voluntary.

OSHA TRAINING CERTIFICATION

Pursuant to M.G.L. Ch. 30, Sec. 39S(A), I certify under the penalties of perjury to the following:

(1) that I am able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at 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 contract 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.

(Signature of authorized representative of Bidder)

(Name of authorized representative of Bidder)

(Name of business)

SECTION III

AGREEMENT

WASTEWATER SLUDGE CAKE HAULING AND DISPOSAL

AGREEMENT

CONTRACT DPW 26-02

THIS AGREEMENT, executed this _______________ day of __________________ in the year Two Thousand and Nineteen by and between the City of Greenfield, Massachusetts, acting by and through its Department of Public Works, duly authorized therefore, which acts solely for said City and without personal liability to itself, party of the first part, hereinafter referred to as the “CITY”, and ______________________________________ party of the second part, hereinafter referred to as the “CONTRACTOR”.

WITNESSETH:

WHEREAS, the CITY invited the submission of bids for Wastewater Sludge Cake Hauling and Disposal, “the Project”; and

WHEREAS, the CONTRACTOR submitted a Bid to provide the material or perform the work required to complete the Project, and the CITY has decided to award the contract therefore to the

CONTRACTOR.

NOW THEREFORE, the CITY and the CONTRACTOR agree as follows:

1. Contract Documents. The Contract Documents consist of this Agreement and the CONTRACTOR’s Bid Response. 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.

2. The Work. The Work consists of the hauling and disposal of wastewater sludge cake as described in the general specifications.

3. Term of Contract. This Agreement shall be in effect from March 1, 2026 to June 30, 2027.

4. Compensation. The CITY shall pay, as full compensation for items and/or services furnished and delivered in carrying out this Agreement in accordance with the Bid Price.

5. Payment of Compensation. The CITY shall make payments within thirty (30) days after its receipt of an invoice.

6. Liability of the City. The CITY’s liability hereunder shall be to make all payments when they shall become due, and the CITY shall be under no further obligation or liability.

Nothing in the Agreement shall be construed to render the CITY or any elected or appointed official or employee of the CITY, or their successors in office, personally liable for any obligation under this Agreement.

7. Independent CONTRACTOR. The CONTRACTOR acknowledges and agrees that it is acting as an independent CONTRACTOR for all work and services rendered pursuant to this Agreement, and shall not be considered an employee or agent of the CITY for any purpose.

8. Insurance. The CONTRACTOR shall maintain insurance with minimum limits as defined in the “Information for Bidders” in the Invitation for Bid.

9. Indemnification. The CONTRACTOR shall indemnify, defend, and hold the CITY 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 misconduct of the CONTRACTOR, or the CONTRACTOR’s agents or employees.

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 CITY, and shall not assign any of the monies payable under this Agreement, except by and with the written consent of the CITY.

11. Termination.

A. Termination for Cause. If at any time during the term of this Agreement the CITY determines 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 CITY, or by not complying with the direction of the CITY or its agents, or by otherwise failing to perform this Agreement in accordance with all of its terms and provisions, the CITY 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 CITY harmless from any loss, damage, cost, charge, expense or claim arising out of or 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 CITY 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 CITY may have against the CONTRACTOR up to the date of such termination. Upon such termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the CITY.

B. Termination for Convenience. The CITY 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 CITY, such payment not to exceed the fair value of the services provided hereunder.

12. Inspection and Reports. The CITY 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 the CONTRACTOR, whether situated within or beyond the limits of the CITY.

Whenever requested, the CONTRACTOR shall immediately furnish to the CITY full and complete written reports of his operation under this Contract in such detail and with such information as the CITY may request.

13. Successor and Assigns. This Agreement is binding upon the parties hereto, their successors, assigns and legal representatives. Neither the CITY nor the CONTRACTOR shall assign or transfer any interest in the Agreement without the written consent of the other.

14. 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.

15. 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 the parties at the addresses set forth on Page 1 or furnished from time to time in writing hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S.

Postal Service or, if sent by private overnight or other delivery service, when deposited with such delivery service.

16. Change Orders, Price Modifications, and Other Amendments. The CITY shall have the right to require the CONTRACTOR to make alterations of, additions to and deductions from the work. All such changes to the Scope of Work shall be made by a written change order written by the CITY. The CONTRACTOR shall compute the effect of the change order upon the Agreement price, subject to review and acceptance by the CITY.

Any other changes or amendments to the terms of this Agreement and the other Contract Documents may be made only by a written document referencing this Agreement and executed by both parties.

17. Severability. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

18. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the CONTRACTOR submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement.

19. Entire Agreement. This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with matters described. This Agreement supercedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto.

The Contractor’s original bid price for this service is _________________________________.

IN WITNESS WHEREOF, the Owner has caused this instrument to be signed and its corporate seal to be hereto afixed in its behalf, and the Contractor has caused this instrument to be signed in its behalf.

FOR THE OWNER,

By the

FOR THE CONTRACTOR,

Witness:

By the

Approved as to Appropriation:

City Accountant

Certificate of Acknowledgment of Contractor if a Corporation

For AGREEMENT

State of ___________________________________)

SS:

County of _________________________________)

On this _________________day of_________________, 20___, before me personally came _____________________________________ to me known, who being by me duly sworn, did depose and say as follows:

That he resides at _______________________________________ and is the ___________________________________________________ of _________________________________________________________ the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal affixed to the foregoing instrument is such corporate seal and it was so affixed by order of the Board of Directors of said corporation; and that by the like order he signed thereto his name and official designation.

Notary Public (Seal)

My commission expires: ________________________________________

SECTION IV

BONDS

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, (an individual, a partnership, a corporation) duly organized under the Laws of the State (or Commonwealth) of _______________________, and having a usual place of business at _____________________________________________, as Principal, and _________________________________________________, a corporation duly organized under the Laws of the State (or Commonwealth) of _______________________, and having a usual place of business at _____________________________________________, as Surety, are holden and stand firmly bound and obligated unto the City of Greenfield, Massachusetts, as obligee, in the sum of ____________________________________________, lawful money of the United States of America to and for the true payment whereof we bind ourselves and, each of us, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal, by means of a written AGREEMENT (which together with the Contract Documents in said AGREEMENT referred to are collectively sometimes referred to as the “Contract”) dated __________________________.

Has entered into a contract with the said obligee for __________________________________ a copy of which AGREEMENT is attached hereto and by reference made a part hereof.

NOW THEREFORE, THE CONDITION of this obligation is such that if the Principal shall well and truly keep and fully and faithfully perform all of the terms and conditions of said AGREEMENT and of the “Contract Documents” referred to in said AGREEMENT (which collectively are hereinafter and in said AGREEMENT sometimes referred to as the “Contract”) and all modifications thereof on the Principal’s part to be performed, this obligation shall be void; otherwise it shall remain in full force and effect.

Whenever the said Principal shall be, and declared by the City to be in default under the said Contract, the City having performed the City’s obligations thereunder, the Surety, for value received, shall promptly remedy the default, or, at the option of the City, shall promptly

(a) Complete the said AGREEMENT and/or Contract in accordance with its terms and conditions, or

(b) Obtain a bid or bids for submission to and the approval of the City for completing the said AGREEMENT and/or Contract and any modifications thereof in accordance with the terms and condition thereof, and upon determination by the City and the Surety of the lowest responsible and acceptable bidder, arrange for a contract between such bidder and the City, and make available to the City as the Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less a sum that shall be equal to the difference between the Contract price as fixed and provided in said AGREEMENT and/or Contract price as fixed and provided thereof to be paid thereunder to the Principal and the amount previously paid by the City to and/or for the account of and/or chargeable against the Principal, but not exceeding (including other costs and damages for which the Surety may be liable hereunder) the amount set forth in the first paragraph hereof.

The Surety, for value received, agrees further that no changes in, omissions from, or alteration, modifications or additions to the terms and provisions of said AGREEMENT, and/or Contract or the Work to be performed thereunder, and that no extensions of time given or changes made in the manner or time of making payments thereunder, shall in any way affect the Surety’s obligations on this Bond, and the Surety hereby waives notice of any such changes, omissions, alteration, modification, additions or extensions.

IN WITNESS WHEREOF, we have hereunto set our hands and seals to ________ counterparts of this Bond, this ________________day of ____________________ in the year Two Thousand and Nineteen.

____________________________ (Seal) Principal

____________________________ (Seal) Principal

____________________________ (Seal) Principal

____________________________ (Seal) Surety

____________________________ (Seal) Surety

____________________________ (Seal) Surety

(NOTE: If the Principal (Contractor) is a partnership, the Bond should be signed by each of the partners.

If the Principal (Contractor) is a corporation, the Bond should be signed in its correct corporate name by its duly authorized officers.

If this Bond is signed on behalf of the Surety by an attorney-in-fact, there should be attached to it a duly certified copy of his power of attorney showing his authority to sign such Bonds.

There should be executed an appropriate number of counterparts of the Bond corresponding to the number of counterparts of the AGREEMENT.)

Certificate of Acknowledgment of Contractor if a Corporation

For CONTRACT BONDS

State of ___________________________________)

SS:

County of _________________________________)

On this _________________day of_________________, 20___, before me personally came _____________________________________ to me known, who being by me duly sworn, did depose and say as follows:

That he resides at _______________________________________ and is the ___________________________________________________ of _________________________________________________________ the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal affixed to the foregoing instrument is such corporate seal and it was so affixed by order of the Board of Directors of said corporation; and that by the like order he signed thereto his name and official designation.

Notary Public (Seal)

My commission expires: ________________________________________

SECTION V

SCOPE OF SERVICES

SCOPE OF SERVICES

I. GENERAL INFORMATION

The WPC Plant is a secondary treatment facility with a design capacity of 3.4 MGD and an average daily flow of 3.3 MGD. Sludge consists of combined thickened primary and humus sludge. Routine testing for “Forever Chemicals” includes PFAS/PFOS and the most recent test results will be provided upon request.

Sludge Cake Production Process - Wastewater treatment undertaken at the facility consists of screening, grit removal, primary sedimentation, trickling filtration, secondary sedimentation and chlorination. Sludge processed at the WPCP consists of thickened primary and humus sludge (TS). A DSP Screw Press by BDP Industries has been installed at the WPCP and start up is expected for March 1, 2026. The sludge cake will travel on a conveyor system from inside the WPCP and into the enclosed trailer bay where the sludge cake will drop into the forward, middle, and aft end of the dump trailer.

The triple drop conveyor system can be adjusted to drop from either foreword, middle or aft depending on the trailer size utilized.

Sludge Cake Production Volume - Estimates of current sludge production and characteristics at the Greenfield WPC Plant are based on an evaluation of operating records over a five (5) year period from January 2020 to December 2024 with wet ton production averaging 9,413 wet tons per year, but the City does not warrant or represent that it is indicative of future sludge cake production.

Sludge Cake % Solids – Estimated at 18%-20% solids with the new DSP Screw Press.

2. GENERAL SCOPE

The pick up point to be used by the Contractor for the term of this Contract shall be the City of Greenfield WPC Plant, 384R Deerfield Street, Greenfield, MA.

This Contract shall include the removal of all sludge cake generated by said plant during the term of the Contract.

The cost to transport the sludge cake to an approved disposal site will be the same for all disposal sites.

The sludge cake shall be disposed of at an approved facility. Approval shall be by the appropriate state and local regulatory agency of the state in which the facility is located.

The City may require written proof of approval from the appropriate agencies before the award of the contract.

Notwithstanding any projections contained in this Invitation for Bids, the City makes no commitment of the total wet tonnage for the term of the Contract, and the proposals shall be on a “unit cost per wet ton” basis for sludge cake removal.

Bidders must submit cost proposal that includes transportation and disposal costs combined into a per wet ton cost. The City reserves the right to make no contract award on any item.

Pick-up Frequency - The WPC Plant operates 8 hrs./day, Monday through Friday. The response time for pick-up of loads must be immediate, so as to minimize back-up of sludge in the plant. The owner will contact the Contractor within 48 hours and not less than 24 hours to schedule the number of tankers or containers needed on a specific day.

The Contractor will be responsible for the removal of these materials to approved disposal site(s). The Contractor shall have available sufficient reserve trailers or containers to provide for unforeseen surge in flow, sludge production transportation difficulties, or other adverse contingencies.

Pick-up Days and Times - The Contractor shall make pick-ups with sufficient frequency to assure that no sludge back-ups occur at the WPC Plant. It is expected that the average weekly production of sludge cake will be 38 wet tons/wk. (based on a five-day week).

Unless emergencies cause unforeseen conditions, sludge will be only removed on weekdays, Monday through Friday, and avoided on holidays. Pick-ups will generally be loaded Monday through Friday from 7:15 a.m. to 2:00 p.m., although the City will consider after hours pick-ups. The owner shall determine if a sludge back-up has occurred and when such a back-up shall cause deleterious effects to the treatment process. In such a case, the owner shall notify the Contractor of such a condition and the Contractor must respond and dispatch the requested number of vehicles in twenty-four

(24) hours of notification. Failure of the Contractor to respond will result in the owner’s authorization to contract other vendors to remove the necessary amount of sludge cake until the WPC Plant returns to normal operation.

Materials for Which Contractor is Responsible - The Contractor will be responsible for the removal of all “sludge cake” as defined in the herein.

Materials for Which Contractor in NOT Responsible - Hazardous or radioactive defined, as from time to time determined under state and federal law, but not limited by their enumeration:

40 CFR Section 261.3 42 USC Section 6921-6925 42 USC Section 6901 et seq.

Contract Payment Schedule - All contract payments shall be understood to be subject to appropriation by the City of Greenfield on an annual budget basis. Payment for the removal of sludge cake shall be on a per wet ton basis which is based on documentation of weight amounts for each load. Documentation of weight shall be determined by each filled trailer being weighed by scale. Billing will be based on data collected at the Greenfield WPC Plant scale for each loaded trailer leaving the facility. Any changes in this billing procedure shall be requested in writing and agreed upon by both parties.

Payment shall include compensation for both transportation and disposal, along with all work incidental to complete the work. Actual payment by the City for the above-identified services shall be made monthly after receipt of appropriately documented invoices from the Contractor.

No Additional Compensation - The Contractor shall perform and provide all services under the Contract and shall not be entitled to any compensation in addition to the amount provided under the Contract for the term of the Contract. The City shall not be liable for, accept, or pay any surcharges, or additional fees of any nature whatsoever, including, but not limited to, fuel surcharges, or environmental costs (e.g., disposal surcharges, regulatory fees, or carbon offset costs). The agreed-upon rate shall be a fixed, all-inclusive price for the complete disposal and hauling service, and any attempt to impose such surcharges shall constitute a breach of this contract.

Spillage of Materials - If at any time materials covered under this Contract are spilled onto a street or any property, whether publicly or privately owned by the Contractor, or the contents of a truck are spilled or illegally dumped onto a street or property, whether publicly or privately owned, the Contractor shall clean up the spilled or illegally dumped materials immediately. The materials shall be cleaned up sufficiently so as to restore the cleanliness of the property and the safety of the occupants, and the Contractor shall pay all cost, including those to the City for legal services, fees, fines, and penalties associated with the spillage or dumping. All spills shall be reported to the appropriate pollution control regulatory agency located in the state where the spill occurred.

Right of Off-Set - If the City incurs expenses and/or damage as a direct result of the Contractor’s improper performance of the Contract or the Contractor fails to perform under the Contract, the City has the right to reduce any monthly payment by the amount, hereinafter referred to as the “off-set,” of incurred expenses and/or damages on a pro rate basis for each day of non-performance. The City shall hold the off-set in escrow and shall notify the Contractor in writing within seven days of the specific reasons for and the amount of any such off-set. If the Contractor does not object in writing and with specific reasons for and the amount of any such off-set, the Contractor will be deemed to have waived any right or claim to the off-set. If the Contractor does object with reasons to the off-set, the City shall hold the off-set in escrow until the dispute is settled pursuant to the term of this Contract.

Reports - The Contractor shall prepare and submit to the City with each billing for the same time period monthly reports which shall contain (where applicable), the following:

*The Contractor shall maintain an up-to-date log of collections from the WPC Plant and delivery to disposal site(s) indicating pick-up date, time, bill of lading number, wet tons, % solids, disposal site, and load number.

*Each invoice shall be accompanied by a signed certification indicating the disposal site that was utilized for each load of sludge.

*In addition to the foregoing, the Contractor will make immediate report to the designated City representative whenever contamination has occurred, as a result of spillage or otherwise.