The Following Must Be Filled out in Their Entirety by the General Bidder And, Except For

SECTION 00300

Bid Form

The following must be filled out in their entirety by the General Bidder and, except for as noted, submitted with the bid.

Proposal Form.Pages 00300-2 & 3

Acknowledge ALL addendaPage 00300-2
Fill in Contract PricePage 00300-2
Unit Bid Price TablePages 00300-4 to 6
Signed by Authorized RepresentativePage 00300-7
State Taxes Certification ClausePage 00300-8
Certificate of Non-CollusionPage 00300-8
OSHA Training Certification of Contractorpages 00300-9& 10
Schedule of Participation 00810 (EEO-DEP-190C)
Letter of Intent 00810 (EEO-DEP-191C)
DBE Subcontractor Participation Form00810 (EPA Form 6100-2)
Request for Waiver (if applicable)00810 (EEO-DEP-490C)
Massachusetts Diesel Retrofit Program -Pages 00300-8 to 10

Statement of Intent to Comply

ReferencesPage 00300-11
5% Bid Bond

The following must be submitted by the close of business within 53 days afterthe bid opening:

CC Form 1 – Schedule for Participation by 00810-9

Minority/Women Business Enterprises

CC Form 2 – Letter of Intent Minority/00810-10

Women Business Enterprises

CC Form 4 – Contractor’s Certification00810-11

NOTE: Waiver or reduction of MBE/WBE will not be considered after bid submittal date. See Town Policy for requirements.

PROPOSAL FORM

______

CONTRACTOR

TO:Department of Public Works

Town of Barnstable

382 Falmouth Road

Hyannis, MA02601

A.The undersigned proposes to furnish all labor and materials required for the construction of:

MAHER WATER TREATMENT PLANT

AIR STRIPPING TOWER REHABILITATION

CONTRACT NO. 16-14-106

In accordance with the Plans and Specifications prepared by Haley and Ward, Inc.for the estimated contract price specified below subject to additions and deductions according to the terms of the Contract Documents.

B.This bid includes Addenda Numbered ______to ______, inclusive

C.The proposed contract price is: $______

(figures)

______

(words)

D.The undersigned, as bidder, declares under penalties of perjury that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made and submitted in good faith and without collusion or fraud with any other person, firm or corporation; that he has filed all state tax returns and paid all state taxes under law; that he has carefully examined the locations of the proposed work, the proposed form of contract, the standard specifications and plans therein referred to and the Special Conditions herein annexed; and he proposes and agrees, if this proposal is accepted, that he will contract with the Awarding Authority, in the form of the contract referred to herein and to be annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the contract, in the manner and time herein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following unit prices, per pages 00300-4 to 00300-7.

E. The undersigned agrees that if presented with the Notice of Acceptance for this contract, he will within ten (10) days, Saturdays, Sundays and legal holidays excluded, execute a contract in accordance with the terms of this bid and furnish a performance bond and a payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of one hundred (100%) percent of the contract price, the premiums for which are to be paid by the Contractor and are included in the contract price; and by the close of business 3 days after within five (5) days of the bid opening, the bidder will submit all MBE/WBE required documentation., per Section 6.

F.Should Bid Alternates be included in the Bid Form, the responsive Contractor with the lowest Base Bid Total shall be awarded the Contract.

G.The time for completion of this contract is 300 calendar days.The work requires two separate shutdowns of the Maher Water Treatment Plant. The 1st shutdown will occur in July and the second shutdown will not occur until the first day of December.

H.Liquidated damages specified in this contract are $1000 per day for each calendar day beyond the contract completion date that work remains uncompleted.

I.The time period for holding bids, where Federal approval is not required is 30 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids and where Federal approval is required, the time period for holding bids is 30 days, Saturdays, Sundays and holidays excluded after Federal approval.

J.Pursuant to M.G.L.c.62C, s49A 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.

H.The undersigned bidder hereby certifies he/she will comply with the specific affirmative action steps contained in the EEO/AA provisions of this Contract, including compliance with the Disadvantaged Business Enterprise provisions as required under these contract provisions. The contractor receiving the award of the contract shall incorporate the EEO/AA provisions of this contract into all subcontracts and purchase orders so that such provisions will be binding upon each subcontractor or vendor.

I.The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of Section Twenty-Nine F of Chapter Twenty-Nine, or any other applicable debarment provisions of any other Chapter of the General Laws or any rule or regulation promulgated thereunder; and is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

J.Bidders must fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part1532, entitled Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons). Contractors, subcontractors, or suppliers that appear on the Excluded Parties List System at are not eligible for award of any contracts funded by the Massachusetts State Revolving Fund.

K.The Contractor agrees that it will fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part1532, entitled Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons). The Contractor shall not award any subcontracts or purchase any materials from suppliers that appear on the Excluded Parties List System. The Contractor shall include this requirement in each subcontract and require it to be included in all subcontracts regardless of tier. The Contractor shall maintain reasonable records to demonstrate compliance with these requirements.

L.SRF eligible items are found in the Unit Price Bid Table.

UNITBID PRICE TABLE

MAHER WATER TREATMENT PLANT

AIR STRIPPING TOWER REHABILITATION

ITEM NUMBER / QUANTITY / ITEM WITH LUMP SUMBID PRICE WRITTEN IN WORDS / LUMP SUM PRICE
DOLLARS CENTS / TOTAL AMOUNT
DOLLARS CENTS
1 / 1 / Air Blower and duct work
______
Dollars ( ) per l.s.
2 / 1 / Carbon Filter System Removal
______
Dollars ( ) per l.s.
3 / 1 / Air Tower Component Replacement
______
Dollars ( ) per l.s.
4 / 1 / Clean Media in Place
______
Dollars ( ) per l.s.
CONTRACT TOTAL

Date: ______

Authorized Signature

By: ______

Title

______

Business Address

______

City State Zip

______

Telephone

STATE TAXES CERTIFICATION CLAUSE

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 under law.

______By: ______

* Signature of Individual or Corporate Officer

Corporate Name (Mandatory) (Mandatory, if applicable)

______

**Social Security No. (Voluntary)

or Federal Identification No.

* Approval of a contract or other agreement will not be granted unless this certification clause, if signed,

**Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or agreement issued, reviewed, or extended. This request is made under the authority of Mass. G.L. 62C, S.49A.

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TOWN OF BARNSTABLE

CERTIFICATE OF NON COLLUSION

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.

FIRM SIGNATURE ______

ADDRESS NAME (print) ______

TITLE ______

TELEPHONE DATE ______

NOTE: This certificate must be signed by the individual submitting the bid or proposal.

Town of Barnstable Procedures

OSHA Training Certification of Contractors

As of July 1, 2011, the Town of Barnstable will comply with the amended MGL chapter 30 section 39s “Contracts for Construction: Requirements” as follows.

The Town of Barnstable 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 Barnstable 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, 2011 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: ______

STATEMENT OF INTENT TO COMPLY

DIESEL RETROFIT PROGRAM

This form must be signed and submitted by the bidder as part of the bid.

Local Governmental Unit / SRF Project No.
Contract No. / Contact Title
Bidder

The undersigned, on behalf of the above-named Bidder, agrees that, if awarded the Contract:

the Bidder shall comply with the Department of Environmental Protection’s (“DEP”) Diesel Retrofit Program by ensuring that all diesel powered non-road construction equipment and vehicles greater than 50 brake horsepower which will be used in the performance of the work under the Contract are equipped or retrofitted with a pollution control device in accordance with the Diesel Retrofit Program Standard;

the Bidder shall require all Subcontractors to comply with DEP’s Diesel Retrofit Program by ensuring all diesel powered non-road construction equipment and vehicles greater than 50 brake horsepower which will be used in the performance of the work under the Contract are equipped or retrofitted with a pollution control device in accordance with the Diesel Retrofit Program Standard; and

The Bidder shall submit and shall require each Subcontractor to submit a Diesel Retrofit Program Contractor Certification (form attached) with a Diesel Retrofit List to DEP (NAME and ADDRESS) and the Bidder within 10 days of the bidder being notified that it has been awarded the Contract. The Bidder shall require each Subcontractor to update such Certification and List within 2 days of using additional Diesel Construction Equipment on the project under the Contract.

(Signature of Bidder’s Authorized Representative) / (Date)
STATEMENT OF INTENT TO COMPLY (cont.)
DIESEL RETROFIT PROGRAMContractor Certification

Each Contractor and its Subcontractor(s) must sign and submit this form to John Felix, 6th Floor, MassDEP, One Winter Street, Boston, MA 02108 and the Municipality within 10 days after the Contractor is notified that it is awarded the Contract.

Local Governmental Unit / SRF Project No.
Contract No. / Contact Title
Contractor

I, ______, an authorized signatory for ______, whose principal place of business is at ______do hereby certify that any and all diesel powered non-road construction equipment and vehicles greater than 50 brake horsepower which will be used in the performance of the work under the Contract (hereinafter “Diesel Construction Equipment”) havepollution control devices, such as oxidation catalysts or particulate filters, installed on the exhaust system side of the diesel combustion engine equipment in accordance with the Diesel Retrofit Program Standard.

I am submitting on behalf of ______a list of all said Diesel Construction Equipment, labeled “Diesel Retrofit List,” that will be used in connection with this Contract by ______. I hereby certify that the information on the attached Diesel Retrofit List is correct and accurate as of the date of signature. The List includes the following information for each piece of Diesel Construction Equipment:

Equipment type, make, model;
Vehicle Identification Number or VIN;
Engine model and year of manufacture;
Engine HP rating;
Emission Control Device (“ECD”) type (Diesel Oxidation Catalyst or Diesel Particulate Filter);
ECD make, model, and manufacturer;
ECD EPA or CARB Verification Number or manufacturer’s certification that the DOC or DPF meets or exceeds emission reductions provided by similar emission control technology verified by EPA or CARB;
ECD installation date;
Type of fuel to be used; and
Whether the equipment is owned or rented.

STATEMENT OF INTENT TO COMPLY(cont.)
DIESEL RETROFIT PROGRAMContractor Certification

______shall notify DEP within 48 hours of any new Diesel Construction Equipment brought onto the Contract site. ______shall maintain detailed records of all Diesel Construction Equipment used at the Contract site, including the dates and duration times the Diesel Construction Equipment is used at the Contract site. ______shall make such records available for inspection by DEP. ______shall ensure that the emissions control technology for each piece of Diesel Construction Equipment is operated, maintained, and serviced as recommended by the manufacturer. ______shall retrofit prior to the end of the Contract any Diesel Construction Equipment no longer exempt from meeting the Diesel Construction Equipment Standard under exemption 3 (because it had an engine that met the EPA particulate matter (PM) Tier emission standards currently in effect at the start of the Contract for non-road diesel engines for the applicable engine power group and such emissions standards were superseded during the Contract).

I acknowledge that this certificate is being furnished as a requirement under this Contract and is subject to applicable State and federal laws, both criminal and civil.Signed under pains and penalty of perjury on this date ______.

Signature______

Name: ______

Title: ______

REFERENCESBIDDER NAME: ______

PROJECT NAME: ______

Bidders must provide a list of at least 5 references to which similar size and scope projects have been completed within the past five (5) years, along with a name of a contact person and phone numbers. (Municipalities desired, if applicable). Additionally, please attach to this form, a complete list of ongoing projects, projects completed within the past two years including project contact names, values and contact names and numbers. Town reserves the right to obtain additional references at their option.