Water Department Chemicals

FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 1 NAME OF BIDDER:__________________________________________________________ TO: Elizabeth Unger, Purchasing Agent PH: 617-349-4310 795 Massachusetts Avenue, Room 303 Cambridge, MA 02139 The undersigned submits this sealed bid to provide the commodity or services identified above, described in the specifications herein and advertised in the Cambridge Chronicle on Thursday, November 17, 2022 which is to be opened and publicly read at the Office of the Purchasing Agent, City Hall, 795 Massachusetts Ave., Room 303, Cambridge, MA 02139 by 11:00 a.m. on Thursday, December 1, 2022. This bid may be downloaded from the City’s web site, www.cambridgema.gov/departments/purchasing, Current Bid Opportunities, View Invitation for Bids, File No. 10691. Parking is limited at this

location. It is strongly recommended that the bids are mailed or delivered in advance of the due date and time. Late bids will not be accepted. Sealed general bids will be received at the Purchasing Department, City Hall, 795 Massachusetts Avenue, Cambridge, MA 02139 or via a locked drop box located at the rear entrance until Thursday, December 1, 2022. @ 11:00 a.m. It is the responsibility of the Bidder to ensure delivery of bid submission prior to deadline to the Purchasing Department. The undersigned certifies that this bid is made without collusion with any other person, firm or corporation making any other bid or who otherwise would make a bid. The undersigned agrees to furnish the commodity or services in strict accordance with the bid documents, which consist of this Invitation for Bid and all attachments hereto. "The submitted bid must be without conditions, exceptions or modifications to the bid document”. The envelope containing the bid must be labeled: "This envelope contains a bid for File no. 10691 Water Department Chemicals opened at 11:00 a.m. on Thursday, December 1, 2022. The bid and all documents submitted with it are public records. Bids not sent by courier can be dropped off to a locked drop box located at the rear entrance of City Hall. The box will be checked at the scheduled submission deadline. This bid process and the award of the contract are made in conformity with M.G.L. c. 30B, unless otherwise stated. See other side of this form for General Terms and Conditions that shall become part of any Contract awarded through this Invitation for Bid. This bid includes addenda numbered: SIGNATURE OF BIDDER: TITLE OF SIGNATORY ADDRESS OF BIDDER TELEPHONE # FAX # EMAIL ADDRESS__________________________________________________ Please check one of the following and insert the requested information: Corporation incorporated in the State of: Partnership. Names of partners: Individual: INVITATION FOR BID If, at the time of the scheduled bid opening, City Hall is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed to the same time on the next normal business day. Bids will be accepted until that date and time. FILE #: 10691 COMMODITY: WATER DEPARTMENT CHEMICALS NAME OF BIDDER: BIDDER’S FED. ID#: FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 2 NAME OF BIDDER:__________________________________________________________ MATERIAL SAFETY DATA SHEETS: Pursuant to M.G.L. c. 111F, ss. 8, 9, and 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 vendor agrees to comply with all requirements set forth in the pertinent laws above. LAWS: GENERAL TERMS AND CONDITIONS All deliveries shall conform in every respect with all applicable laws of the Federal government, Commonwealth of Massachusetts and City of Cambridge. EQUAL OPPORTUNITY: The Vendor in the performance of the contract shall not discriminate on the grounds of race, color, religious creed, national origin or ancestry, age, disability, sexual orientation, marital status, family status, military status, source of income, or sex in employment practices or in the selection or retention of subcontractors, and in the procurement of materials or rental of equipment. The City may cancel, terminate or suspend the contract in whole or in part for any violation of this paragraph TAXES: Purchases made by the City are exempt from the payment of Federal excise tax and the payment of Commonwealth of Massachusetts sales tax (except for gasoline) and any such taxes must not be included in the bid prices. QUANTITIES: Unless otherwise stated, the quantities set forth herein are ESTIMATES ONLY. The City reserves the right to purchase the commodity(ies) specified in any amount less than the estimated amount. BID PRICES: Bid prices shall include transportation and delivery charges fully prepaid to the City of Cambridge destination. Where the unit price and the total price are at variance, the unit price will prevail. PAYMENT SCHEDULE: Payment shall be in accordance with milestones specified in the scope of work. The City shall not prepay for goods or services. DELIVERY AND PACKAGING: Deliveries must be made in such quantities as called for in the purchase order and in the manufacturer's original packages. All deliveries must be “inside” delivery with no assistance from City personnel. Tailgate deliveries will not be accepted. Rejected material will be returned to the vendor at the vendor's expense. MODIFICATION OF BIDS: Prior to bid opening, a bidder may correct, modify or withdraw its bid by making the request in writing prior to the time and date for the bid opening. All corrections and modifications must be delivered to the Purchasing Department in a sealed envelope indicating that it contains a modification or correction of the original bid submitted for the particular commodity and indicating the time and date of the bid opening. REJECTION OF BIDS: The City reserves the right to reject any and all bids if it is in best interest of the City to do so. AWARD OF CONTRACT: Contract(s) will be awarded within forty-five days of the bid opening unless award date is extended by consent of all parties concerned. The continuation of any contract into the next fiscal year shall be subject to the appropriation and availability of funds. INDEMNITY: Unless otherwise provided by law, the Vendor will indemnify and hold harmless the City against any and all liability, loss, damages, costs or expenses for personal injury or damage to real or tangible personal property which the City may sustain, incur or be required to pay, arising out of or in connection with the performance of the Contract by reason of any negligent action/inaction or willful misconduct by the Contractor, its agents, servants or employees TERMINATION OF CONTRACT: Except as otherwise provided in the Articles of Agreement, the City may terminate the contract upon seven days’ notice. ASSIGNABILITY: The Vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the City. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 3 NAME OF BIDDER:__________________________________________________________ Contractor’s Insurance Obligations Contractor must provide the City of Cambridge with insurance policies as stated below at the expense of the Contractor. The Insurance Certificate must be written in the name of the City as an Additional Named Insured in order to protect the interest of the City from any liability which might be incurred against it as the result of any operation of the Contractor, its subcontractors or their employees. The insurance required shall include all major divisions of coverage, and shall be on a comprehensive general basis including Premises and Operations (including X-C-U), Owner's and Contractor's Protective, Products and Completed Operations, and Owned, Non-owned, and Hired Motor Vehicles. Such insurance shall be written for not less than any limits of liability required by law or the following limits, whichever are greater. Certificates must be presented to the City at the time the contract is signed by the contractor. The Contractor and all subcontractors waive subrogation rights against the City of Cambridge for all losses. EACH POLICY SHALL CONTAIN A 30-DAY NOTICE OF CANCELLATION, CHANGE OR NON-RENEWAL. NOTICE OF OCCURRENCE is to be given to the City Manager, City of Cambridge, City Hall, 795 Mass. Ave., Cambridge, MA 02139. Carriers must have an A.M. Best rating of A X or better. A. Owner's Protective Liability: Each Occurrence $1,000,000 Aggregate $1,000,000 B. Commercial Liability: General Aggregate $2,000,000 Products Completed Operations Aggregate $1,000,000 Personal Injury and Advertising Limit $1,000,000 Each Occurrence $1,000,000 C. Automotive-For all owned, non-owned, hired and leased vehicles: Each Occurrence Combined Single Limit of $1,000,000 Bodily injury - each person $1,000,000 - each accident $1,000,000 Property damage-each occurrence $1,000,000 D. Umbrella: Combined single limit $2,000,000 General aggregate $2,000,000 E. WORKER'S COMPENSATION Coverage A STATUTORY Coverage B Each Accident $1,000,000 Disease-Policy Limit $1,000,000 Disease-Each Employee $1,000,000 THE CONTRACTOR MAY PURCHASE AND MAINTAIN EXCESS LIABILITY INSURANCE IN THE UMBRELLA FORM IN ORDER TO SATISFY THE LIMITS OF LIABILITY REQUIRED FOR THE INSURANCE TO BE PURCHASED AND MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH ABOVE (IN ADDITION TO THE UMBRELLA LIMITS REQUIRED). EVIDENCE OF SUCH EXCESS LIABILITY SHALL BE DELIVERED TO OWNER IN THE FORM OF A CERTIFICATE INDICATING THE POLICY NUMBERS AND LIMITS OF LIABILITY OF ALL UNDERLYING INSURANCE. THE CITY OF CAMBRIDGE MUST BE AN ADDITIONAL NAMED INSURED ON ANY SUCH UMBRELLA POLICY. THE CITY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO AMEND THE INSURANCE REQUIREMENTS SET FORTH ABOVE. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 4 NAME OF BIDDER:__________________________________________________________ TO: Elizabeth Unger, Purchasing Agent 795 Massachusetts Avenue, Room 303 Cambridge, MA 02139 The undersigned hereby proposes to provide all labor, materials, equipment necessary to provide the Water Department Chemicals for the City of Cambridge all in accordance with the attached specifications and following proposal schedule. One award will be made to the lowest responsive and responsible bidder providing the lowest price as a result of this Invitation for Bid. A contract will be awarded within forty-five days of the bid opening, unless award date is extended by consent of all parties concerned. Prior to the Bid opening, a bidder may correct, modify or withdraw its Bid by making the request in writing prior to the time and date for the bid opening. All corrections and modifications must be delivered to the Purchasing Department in a sealed envelope with a notation on the envelope indicating that it contains a modification or correction of the original Bid submitted for the particular commodity and indicating the date and time of the Bid opening. A sample contract is attached hereto. The bidder must be willing to sign the City’s contract. The City will not accept a bidder’s terms & conditions. The City reserves the right, in its discretion, to extend the life of the contract at any time. Living Wage Requirements The City of Cambridge has a Living Wage Requirement that establishes minimum hourly rates for all Personnel that work on any City contract. The City of Cambridge's Living Wage as of March 1, 2022 is $17.19 per hour. The Living Wage Requirements are attached. Wage Theft Prevention Certification In Executive Order 2016-1, the City of Cambridge established requirements for City contracts in an effort to prevent wage theft. Prospective vendors must provide certifications or disclosures with their bids/proposals. Failure to provide the certifications or disclosures shall result in rejection of the bid/proposal. Please see the Wage Theft Prevention Certification form attached. Questions Questions concerning this Invitation for Bid must be submitted in writing and emailed to: purchasing@cambridgema.gov by 11:00 a.m. on Wednesday, November 23, 2022 An addendum will be posted to the Purchasing website notifying all bidders of the questions and answers. It is the responsibility of the bidder to check the website for any addenda. Please check the website for any addenda before submitting your bid. Bid Results The tab sheet and the contract award information will not be individually mailed to the bidders. A tab sheet with the bid results will be posted to the website soon after the bid opening. The tab sheet will include the “contract award” information as soon as it is determined. Confidentiality and Public Records Law All bids or other materials submitted by the vendor in response to this Invitation to Bid will be open for inspection by any person and in accordance with the Massachusetts Public Records Law. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 5 NAME OF BIDDER:__________________________________________________________ TECHNICAL SPECIFICATIONS FOR DRINKING WATER TREATMENT CHEMICALS 1. GENERAL 1.1 The intent and purpose of this specification document is to provide for the purchase and delivery of drinking water treatment chemicals to Cambridge Water Department (CWD) located at 250 Fresh Pond Parkway, Cambridge MA 02138. 2. CERTIFICATION 2.1 Products shall comply with the most recent AWWA Standard. Products shall be NSF Standard 60 certified for drinking water chemicals. The chemical shall have been tested and certified by a product certification organization accredited for this purpose by the American National Standards Institute. 2.2 A copy of the ANSI/NSF letter of acceptance for the vendor’s chemical proposed to be supplied shall accompany the bid. 2.3 Failure to comply with these requirements or the loss of ANSI/NSF 60 certification shall be considered grounds for cancellation of the contract for the remainder of the contract period. 3. AFFIDAVIT OF COMPLIANCE 3.1 Along with the bid, the prospective vendor shall submit an affidavit of compliance that confirms that the chemical meets CWD specifications. Each company involved in supplying and transporting the chemical to the Cambridge WTP must sign the affidavit of compliance 4. CERTIFIED ANALYSIS TESTING FOR IMPURITIES AND ACCEPTANCE OF DELIVERY PAPERWORK 4.1 Along with the bid, a certified analysis for impurities must be provided. 4.2 Additional Impurities of concern include: antimony, arsenic, boron, cadmium, copper, cyanide, lead, molybdenum, mercury, nickel, selenium, silver, zinc, chromium. Data (in milligrams per liter) on these impurities shall be provided at no cost upon request. 5. DELIVERY 5.1 Vendor shall make “normal” deliveries within 48 hours after receipt of order and make “emergency” deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary order to prevent CWD from running out of water treatment chemicals in less than 24 hours. CWD shall endeavor to minimize the number of emergencies. CWD reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice. 5.2 Delivery time of day shall be arranged upon placement of order and shall be between the hours of 7:00 a.m. and 3:00 p.m. All delivery personnel must have a company cell phone to facilitate deliveries. The Driver/Vendor is responsible for knowing the route to the Cambridge WTP. 5.3 An assigned CWD employee will meet the driver at the delivery area and perform a visual inspection of the vehicle. The employee will verify that the UN# is correct on the outside of the vehicle. If no visible problems occur the employee will escort the driver to the appropriate location to commence CWD testing (if appropriate) and unloading. 5.4 The Driver shall provide the inspector with one (1) sample that is representative of the loaded chemical. This sample will be used for acceptance testing. The sample shall be a minimum of 250 milliliters. (8.5 ounces). In the event of a discrepancy in the test results or a part of CWD random audits of chemical deliveries, a CWD Supervisor may request that a sample taken from the delivery truck. All such samples shall be taken by the driver. Samples taken from delivery trucks at CWD’s site shall be taken from the top of the tank/truck. Samples shall not be taken from discharge valves or hose connections on the bottom of the tank 5.5 The driver will place blocks behind his wheels to ensure that the truck will not move during unloading. The driver can only hook up the delivery when an assigned CWD employee tells the driver where to make the necessary connections. 5.6 Any delivery not agreeing with either the temperature or concentration criteria established shall be returned at the contractor’s expense. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 6 NAME OF BIDDER:__________________________________________________________ 5.7 While the truck is unloading, the driver must stay with the truck at all times in case problems occur with the unloading. 5.8 Hoses shall be clean and free of residue from previous deliveries. Hoses, couplings, or adaptors found unclean shall be cleaned at the vendor’s expense before unloading. 5.9 Where tank trucks are used, the truck tank pressure shall be regulated by Cambridge WTP while unloading and shall not exceed the tank truck manufacturer’s specifications. 5.10 Tank trucks shall be equipped with tank-mounted valves to enable rapid shut-off if an emergency arises. 5.11 The vendor shall notify the CWD’s authorized representative immediately of any delay en route. 5.12 Deliveries to CWD shall be made in single compartment tankers or in the case of smaller deliveries in a single compartment of a multi-compartment tanker. CWD’s intent is to limit the number of hose hook-up per delivery (1 hook-up). 5.13 Tanker discharge valving shall include provisions (e.g. a three way fitting, one for the air line) for blowing off the hook-up line in the event that the delivery is interrupted before completion. Where chemicals are trans-loaded from a storage tank, rail car, or other container other than what is delivered to the CWD, the driver or trans-loader must initial that he/she has witnessed the trans-loading into the vehicle used for transport to the CWD facility. As evidence of this, the paperwork shall state the container identification such as the DOT UN# along with chemical name and an identification number of the tank truck used for transporting the chemical to the CWD facility. This assures CWD staff that the wrong chemical was not trans-loaded. 6. TRANSPORTATION PLAN 6.1 In order to fully comprehend the “chain-of-custody” before a chemical reaches its CWD destination, the CWD must be provided with a transportation plan along with the bid. Within this plan, a detailed explanation must be provided explaining all companies involved in the manufacturer, distribution, and transportation of the chemical to the CWD facility. 6.2 Any changes made to the transportation plan, during the contract, must be made known to the CWD two weeks prior to the proposed change. The proposed change must be sent certified mail to the following address: Jim Rita, Production Manager, 250 Fresh Pond Parkway, Cambridge MA 02138, where two weeks’ notice is not available, a fax shall be sent to Production Manager of Cambridge water treatment plant at the following number, (617) 349-4796(FAX). The fax shall be confirmed by a telephone call to the Production Manager. (617) 349-4789. 6.3 Included in this transportation plan shall be an emergency contact list for each company involved in the chemical manufacture, distribution, and transportation of the chemical. Included in this transportation plan shall also be a description of other chemicals manufactured, repackaged, trans-loaded and transported at each location affiliated with supplying the chemical to the CWD. Also include a description of how these chemicals are packaged. 6.4 Included in the transportation plan shall be a detailed description of the personal protective equipment required of the driver during the delivery process at the CWTP. List each piece of required personal protective equipment. Chemical offloading may not occur if the driver does not have the proper personal protective equipment. 6.5 All required bid submissions will be reviewed by CWD staff. Include in the transportation plan a contact person and phone number who is available to answer questions posed by CWD staff during the bid selection process. 6.6 The vendor (as well as its contractors affiliated with supplying the chemical to the CWD facility) must provide information on their accidental release history as part of the transportation plan. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 7 NAME OF BIDDER:__________________________________________________________ 7. CWD SITE VISIT/VENDOR SITE VISIT 7.1 If the vendor has not previously been contracted to supply chemical, a site visit by the vendor to Cambridge Water Treatment Plant (WTP) is required before the initiation of the contract. 7.2 Vendors intending to submit bids for the supply of Sodium Hypochlorite are encouraged to arrange to inspect the CWD Storage and Day tank. Inspection shall be arranged and coordinated through the Production Manager. Inspections shall be conducted at the bidder’s sole cost. 7.3 CWD reserves the right to inspect or visit any proposed vendor’s chemical manufacturer’s site along with any sites where the chemical will be trans-loaded, stored for distribution, or repackaged. CWD reserves the right to make such visits anytime during the bid evaluation process and at any time during the life any chemical supply contract awarded. 7.4 The site visit will include a discussion of the transportation plan of the vendor. The vendor will attest to the fact that this transportation plan will not deviate and that any proposed changes would be provided to the CWD beforehand. 7.5 A site visit will also include a walk-through of the manufacturing process, what quality assurance and purity tests are performed on the product, possible contaminants along with mitigating measures, and how often quality assurance and purity tests are performed. 7.6 Should any concerns be raised by CWD personnel during the site visit, the vendor shall address those concerns. If possible, changes are discussed and agreed upon they will be put in writing by the vendor and sent to the appropriate CWD personnel. The conditions will stand for the entire length of the contract unless otherwise noted. 8. SUBSTITITIONS OR CHANGES IN MANUFACTURER 8.1 The vendor may not substitute another manufacturer’s product or deliver any other chemical than what is agreed to at the time of award without prior written approval from CWD management. Failure to obtain such approval can result in forfeiture of the contract and the vendor removing any delivery made at the vendor’s expense. 8.2 If the CWD agrees to a substitution in material, the vendor is still responsible for ensuring that the appropriate paperwork is produced and given to the CWD via the delivery driver. If the normal paperwork requirements are not fulfilled CWD reserves to right to reject the delivery. 9. VENDOR CONTRACT AGREEMENTS 9.1 The transportation plan will disclose any conditions and requirements the vendor has with its contractors to manufacture, supply, and/or transport the chemical to the CWD. Disclosure includes conditions of the contract, including provisions for pre-job safety meeting orientations for contractors, training, necessary personal protective equipment, and emergency response procedures that the vendor requires of its contractors. 10. CUSTOMER REFERENCES: 10.1 Provide three (3) possible water treatment plants that have been supplied the chemical in truckload quantities on an annual bid basis within the last three years. 11. POSSIBLE SUBMISSION OF ADDITIONAL DATA 11.1. Bidders may be required to submit some or all of the following during the bid evaluation process or during the life of any chemical supply contract that is awarded based on this bid: 11.11 An audited financial statement 11.12 Capacity of facilities 11.13 List of current customer base for the last five years 11.14 Security measures at all applicable facilities 11.15 Age and/or maintenance performed on rail cars and tank trucks used for CWD chemicals FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 8 NAME OF BIDDER:__________________________________________________________ 12. CONTAINERS AND APPURTANENCES 12.1 All containers and appurtenances shall be dedicated solely to that chemical. If the chemical containers or packaging are damaged, they will not be accepted. This minimizes any chance for possible contamination. The damaged products will be returned and proper replacement will be provided accordingly at the vendor’s expense. All drums, totes, pails used for the delivery of any chemical to the Cambridge Water Department shall remain the property of the vendor and will be removed at the vendor’s expense. All costs associated with this requirement are to be included in the bid price. 12.2 Any containers or tank trucks found leaking chemicals shall not be allowed to enter or depart from the CWD facility until the contractor or the designated representative makes appropriate repairs. Any cargo found to be leaking chemicals will be considered an emergency situation requiring immediate attention by the vendor and its contractors. 13. SAFETY AND PERSONAL PROTECTIVE EQUIPMENT 13.1 The vendor shall ensure that all parties involved in supplying the chemical to the CWD facility observe the applicable safety practices. This includes wearing the appropriate personal protective equipment during trans-loading and offloading operations. Such operations shall not begin unless the personal protective equipment is worn. 13.2 The driver shall always wear the appropriate protective face and body apparel when unloading the chemical. The driver shall also be fully educated (classroom & hands-on training) in Hazardous Communication regulations to ensure that they know what to do should an emergency occur on-site or while traveling to the facility. 13.3 In no case will a driver transport the chemical without being trained on the use of the specific truck used to transport the chemical to the CWD facility. 14. SAFETY REQUIREMENTS OF VENDORS 14.1 Vendors that deliver hazardous chemicals must assure that their employees are trained on performing the job safely, of the hazards related to the job, and applicable provisions in CWD emergency response plans. Upon request by the CWD, vendors must present information regarding the vendors’ safety performance as highlighted below: 14.11 Assure that their employees are trained in safe work practices. 14.12 Assure that their employees are instructed in the known potential fire, explosion, or toxic release hazards related to the job. 14.13 Document the required training and the means to verify that their employees have understood the training. 14.14 Assure that their employees follow the CWD’s safety rules and work practices. 14.15 The training records shall contain the identity of the employees, the dates of training, and the means used to verify that the training was understood. 15. TRAINING AND TECHNICAL SERVICES 15.1 Upon request, the contractor shall provide at no additional cost to the CWD, a one-half day formal on-site classroom training session to CWD employees for each supplied chemical. The training classes shall be given within three months of the beginning of the contract period. 15.2 The training session shall include but not to be limited to the characteristics of the supplied chemical, safe operating and maintenance practices, emergency response, routine operational observations or maintenance tasks, and technical guidance to assure that the workforce is adequately acquainted with all aspects of handling and using the supplied chemical. 15.3 The instructor shall have sufficient experience and qualifications that will enable him/her to present a training session that is meaningful and complete. 15.4 The vendor shall coordinate the scheduling of training with CWD Production Manager. 16. SAFETY DATA SHEETS 16.1 The vendor must submit a manufacturer’s Safety Data Sheet (SDS) prior to CWD’s first delivery. A new SDS must be submitted to the CWD if any revision or change occurs during the contract. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 9 NAME OF BIDDER:__________________________________________________________ 17. WEIGHT CERTIFICATE 17.1 Where applicable, all deliveries shall be accompanied by weight certificates or certificates issued by a certified scale operator. 17.2 Weight slips shall be the basis of vendor invoices for this (these) contracts. Invoices shall be corrected to reflect the specific gravity of each load. CWD specific gravity measures will be considered final. CWD stockpiles all delivery samples for a period of time to allow for vendor verification in the event of a question or dispute. 17.3 CWD measures each chemical delivery with various tank height gauges. If CWD finds a discrepancy between weight slips and CWD volume measurements, CWD will notify the vendor. The vendor shall work with CWD staff to resolve disputes. In the event of the failure to resolve delivery volume issues, CWD measurement will be considered final for billing purposes. 18. DEPARTURE 18.1 The driver must make sure that all of the cargo has been unloaded, the appropriate paperwork has been signed, and that all previously open outlets and valves are closed to ensure that nothing can leak out of the vehicle. 18.2 At the conclusion of each delivery, the driver shall remove all materials (chemicals) that are leaked or wasted as part of the delivery process. All materials deposited on the loading area floor shall be cleaned up and removed. This included all leakage from truck valves, vendor hoses and from the making and breaking of hose hook-up to CWD piping. All spill/drip buckets shall be emptied: all chemicals and spillage shall be removed from the CWD facility by the driver following vendor materials handing protocols. 18.3 In the event of a hazardous material spill event occurring during a chemical delivery to the CWD facility, CWD will follow standard operating procedures and call first responders, the Cambridge Fire Department. This will be followed by calls to the vendor involved, to Massachusetts Department of Environmental Protection (DEP) and a spill clean-up contractor. 18.4 Vendors are responsible for first response costs, clean-up costs, and disposal costs associated with failures of their equipment, personnel, or their operating procedures. 19. SECURITY 19.1 Upon Request by the Water Department, the driver will show their Driver’s License to the Operator accepting the delivery. 19.2 Upon Request, by the Water Department, the Vendor will acknowledge Driver License information. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 10 NAME OF BIDDER:__________________________________________________________ Item 1. Specifications Aluminum Sulfate 48% Iron Free Liquid Composition Meets current AWWA Standard B403 and: 1. Liquid aluminum sulfate clarity. Liquid alum shall be of such clarity as to permit the reading of flow-measuring devices without difficulty and free from suspended material. 2. Liquid alum shall contain water-soluble aluminum of not less than 4.23 percent as Al or 8.0 percent as Al203, except by agreement between the supplier and purchaser. 3. Basic and acidic alum. The range of basicity or acidity of alum is subject to agreement between the supplier and purchaser. 4. In liquid alum, the water-insoluble matter shall not exceed 0.7 percent. 5. Specific impurity limits. The total water-soluble iron (expressed as Fe203) content of aluminum sulfate shall be no more than 25 ppm. 6. Where the ANSI/AWWA Standard has conflicting requirements with that of CWD, the CWD purchase specifications and delivery acceptance procedures shall take precedence over the ANSI/AWWA standard. A. Aluminum Sulfate Delivery Requirements The Cities estimated annual usage is 200,000 gallons. The City expects to order deliveries of 5,000 gallons for each delivery. The usage noted on this bid document is based on an estimate volume: the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Delivery made to CWD via dedicated tank truck that is only used to transport Aluminum Sulfate and transferred to bulk storage tanks as directed by CWD delivery inspector. Storage Tank Volume: 3 x 11,000 gallons. Average Daily Use: 600 +/-100 gallons. B. Delivery Documentation Certificate of Analysis: At a minimum to include: Lot Number, Appearance, Al203 percent (8.1 – 8.4) and acceptable range, Specific Gravity @60o F and acceptable range of 1.318 – 1.335 Total Iron as Fe to be less than 25 mg/L (ppm). Pounds per gallon. Item 2. Specifications Ammonium Sulfate 40%- Liquid A. Composition 1. Ammonium Sulfate 40% - Technical. The liquid shall be of such clarity as to permit the reading of flow-measuring devices without difficulty and free from suspended material. 2. Iron, mg/L less than 100 mg/L 3. Specific Gravity: 1.23 4. pH 2 -7 5. Water Insoluble 0.01% 6. pH of solution: 6.3 range 2.5 – 7.0 B. Delivery Requirements The Cities estimated annual usage is 24,000 gallons. The City expects to order deliveries of 2,000 gallons for each delivery. The usage noted on this bid document is based on an estimate volume: the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Tank Volume: 2,500 gallons Average Daily Use: 60 +/- 10 gallons. C. Delivery Documentation Certificate of Analysis at a minimum to include: Date and Time of Manufacture, Appearance, Assay- Ammonium sulfate in percent, Water insoluble Matter less than 0.01%, Specific Gravity @60o F: 1.23 and acceptable range, pH of solution. Pounds per gallon. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 11 NAME OF BIDDER:__________________________________________________________ Item 3. Specifications Sodium Hydroxide 25%- Liquid Meets current AWWA Standard B501 and: A. Composition 1. Sodium Hydroxide- Diaphragm: range in percent: 24.5 – 25.5%. The liquid shall be of such clarity as to permit the reading of flow-measuring devices without difficulty and free from suspended material. 2. Carbonate 1%, 3. Chloride as Sodium Chloride 0.6%, 4. Iron, mg/L 5 mg/L maximum 5. Specific Gravity: 1.27 6. Sodium Carbonate, % 0.20 maximum 7. Sodium Sulfate, % 0.05 maximum 8. Mercury, mg/L 0.1 maximum B. Delivery Requirements Normal Plant Operations The Cities estimated annual usage is 200,000 gallons. The City expects to order deliveries of 5,000 gallons for each delivery. The usage noted on this bid document is based on an estimate volume: the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Tank Volume:2 x 9,000 gallons Average Daily Use: 600 +/-100 gallons. C. Delivery Documentation Certificate of Analysis at a minimum to include: Lot or batch number, Concentration in Percent and acceptable range, Carbonate content, Chloride as Sodium Chloride in percent, Iron concentration not to exceed 5 mg/L, Specific Gravity @ 60oF and acceptable range. Clarity. Pounds per gallon. Item 4. Specifications Sodium Hypochlorite 15%- Liquid A. Composition 1. The sodium hypochlorite shall be clear to pale yellow in color with no visual evidence of particulates in the product. 2. The delivery time of the shipment shall not exceed 72 hours from the time of manufacture. The term manufacture does not include shipping hypochlorite that is manufactured outside of the 72-hour window, nor does it include diluting higher strength sodium hypochlorite that is manufactured outside of the 72 hour window. The manufacture date must be listed on the Certificate of Analysis. 3. Upon observation of particulates in the product or material accumulation in the storage tanks or associated process piping, the vendor shall, at a cost to the vendor, clean the affected equipment and dispose of the material in accordance with applicable state and federal regulations. The cleaning of affected equipment shall be coordinated with CWD management. 4. Upon contract award the vendor may inspect an CWD storage tank to see the cleanliness of the tank. The CWD may only be able to allow an inspection one tank at a time. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 12 NAME OF BIDDER:__________________________________________________________ 5. The vendor shall perform a suspended solids test on sodium hypochlorite sample prior to shipment. The test shall have the same test methods as the “Suspended Solids Quality Test for Bleach using Vacuum Filtration”, developed by Dr. Bernard Bubnis of NovaChem. CWD reserves the right to perform this test on a tank truck sample as an acceptance criterion. Product not within the specifications may be grounds for rejecting the delivery or generations of a letter of nonconformance. 6. The suspended solids in the sodium hypochlorite shall have a filtration time of less than 3 minutes for 1000 milliliters when applying the test method referenced above. 7. Sodium hypochlorite shall conform to the specifications listed in Table 3 and the maximum concentrations listed in Table 4. The Independent Analysis for Impurities shall disclose the results of these parameters. 8. Table 3 Characteristic Requirement Solution strength 14.5-16.5% trade (CWTP) 9.0-12.1% (WABWTF) Excess sodium hydroxide 0.1-0.5% wt pH 11-13 Table 4 Contaminant Concentration (mg/l) Contaminant Concentration (mg/l) Arsenic 1.50 Lead 2.00 Barium 2.00 Mercury 0.02 Cadmium 2.00 Nickel 0.10 Chromium (total) 2.00 Selenium 2.00 Cobalt 0.50 Silver 2.00 Copper 0.20 Chlorate 1500 Iron 1.00 Bromate 70 Perchlorate 85 (CWTP); 150 (WABWTF) FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 13 NAME OF BIDDER:__________________________________________________________ B. Certifications 1. Sodium Hypochlorite shall conform to the latest ANSI/AWWA B300 Standard for Hypochlorites. Where the ANSI/AWWA Standard has conflicting requirements with that of CWD, the CWD purchase specifications and delivery acceptance procedures shall take precedence over the ANSI/AWWA standard. a. Sodium Hypochlorite shall be ANSI/NSF Standard 60 certified for drinking water chemicals. The chemical shall have been tested and certified by a product certification organization accredited for this purpose by the American National Standards Institute (ANSI). b. Failure to comply with these requirements at manufacturing or trans load facilities (if applicable) or the loss of ANSI/NSF 60 certification shall be considered grounds for non-issuance of contract or cancellation of this contract. 2. If ANSI/NSF Standard 60 certification is lost, the vendor shall notify the CWD immediately. C. Delivery Documentation 1. At a minimum, the following are required with every delivery to the CWD: Bill of Lading, Certificate of Analysis, and a machine generated weight slip. The cost for these documents shall be included in the vendor’s bid price. 2. The Vendor shall sample and test the chemical that is representative of the lot being delivered. The Vendor shall highlight on the Certificate of Analysis whether or not the tests are performed on a bulk storage tank or directly from the loaded tank truck. 3. The following results shall be disclosed on each Certificate of Analysis. Table 5 Available chlorine (trade percent) Chemical Name Date of Manufacture Appearance Specific Gravity Suspended Solids Test Filtration Time Temperature Signature of chemist or lab technician Test Date 4. The Certificate of Analysis shall list the test methods or analyzers used for each of these tests. 5. The Certificate of Analysis shall be signed and dated as proof of testing. 6. The following shall be disclosed on delivery documentation. a. Chemical name and grade b. Location from where sample was taken for the test (trailer, storage tank) c. The DOT UN number d. Tank truck number e. The initials and/or signatures of the driver and/or trans loader. f. Ship to facility name and address g. Company name(s) h. Batch or Lot number 7. CWD shall not incur costs or demurrage charges for time needed to correct delivery documentation that is incorrect or absent. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 14 NAME OF BIDDER:__________________________________________________________ 8. When the product is trans loaded from a railcar to a tank truck the driver and/or trans load facility employee must perform a visual sample inspection of both the railcar and tank truck and record their findings on a Trans load Inspection Form. 9. Delivery documentation should clearly show product transfers that occur after manufacturing up to and including transfer into the vehicle that arrives at CWD. D. Purity Testing & Independent Analysis for Impurities 1. CWD will conduct strength and purity testing of the product throughout the contract period. If test results are unsatisfactory, a letter of nonconformance will be sent to the vendor at which time the vendor will be required to institute corrective actions. Continued non-compliance (more than four times per year) can result in vendor contract dismissal. 2. Prior to contract start the vendor shall submit an Independent Analysis for Impurities. Multi-year contracts require an annual submission as well. The cost shall be included in the vendor’s bid price. 3. The Independent Analysis shall disclose results of the parameters listed in Table 3 and Table 4. E. Delivery Requirements Normal Plant Operations The Cities estimated annual usage is 150,000 gallons. The City expects to order deliveries of 5,000 gallons for each delivery. The usage noted on this bid document is based on an estimate volume: the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Tank Volume:2 x 6,150 gallons Average Daily Use: 600 +/-100 gallons. Drought Plant Operations In the event of a drought CWD will operate the plant at a limited capacity”. The usage noted on this bid document is based on an estimate volume; the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Item 5. Specifications Sodium Bisulfite Meets current AWWA Standard B703 and: A. Composition 1. Liquid Sodium Bisulfite 38%-Technical. The liquid shall be of such clarity as to permit the reading of flow-measuring devices without difficulty and free from suspended material. A straw color 2. Liquid Sodium Bisulfite Assay shall be 38% ranging in concentration from 30.0 – 45.0% except by agreement between the supplier and purchaser. 3. Specific Gravity @ 77oF of 1.35 and can range from 1.30 – 1.40. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 15 NAME OF BIDDER:__________________________________________________________ B. Delivery Requirements The Cities estimated annual usage is 3,500 gallons. The City expects to order deliveries of 450 gallons for each delivery. The usage noted on this bid document is based on an estimate volume: the City may increase or decrease the actual usage as required. The delivery volumes are standard, but CWD reserves the right to increase or decrease delivery volumes based on plant operations. Tank Volume: 460 gallons Average Daily Use: 10 +/-5 gallons. C. Delivery Documentation Certificate of Analysis: At a minimum to include: Lot or Batch Number, Railcar Number. Assay, Color, Specific Gravity @ 77oF and acceptable pH range. Quality Requirements A “NO” response, a failure to respond, or a failure to meet to any of the following Quality Requirements will result in a rejection of your bid. Circle Yes or No for each of the following Quality Requirements. 1. All chemicals bid have National Sanitation Foundation Standard 60 Approval. Yes No 2. The Bidder has five years’ experience selling the proposed chemical to a municipal or private water facility for the production of potable water. Yes No 3. The Bidder’s manufacturing or transshipment point I must be within Five (5) normal travel hours from 250 Fresh Pond Parkway. Yes No Bid Submission Requirements A. Bidder shall complete and submit all information requested in the Vendor Chemical Data Sheet attached and in the Technical Specifications. B. Bidder shall submit a Manufacturer’s Specification sheet for each chemical. C. Bidder shall submit no less than three (3) customer references as formatted below. Bidders may use additional sheets if necessary. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 16 NAME OF BIDDER:__________________________________________________________ Customer References: Three (3) potable water treatment plants that have been supplied the chemical in truckload quantities on an annual bid basis within the last three years. References must be from the New England/New Area. A bid may be rejected on the basis of one or more references reporting poor past performance by the bidder. The City reserves the right to use itself as a reference. Minimum information required: (attach additional) 1. Water Company or Water Department Name: Address: Contact person: Address: Phone number: Delivery Address: Quantity received annually: (gal/lb) 2. Water Company or Water Department Name: Address: Contact person: Address: Phone number: Delivery Address: Quantity received annually: (gal/lb) 3. Water Company or Water Department Name: Address: Contact person: Address: Phone number: Delivery Address: Quantity received annually: (gal/lb) FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 17 NAME OF BIDDER:__________________________________________________________ Price Proposal Contracts will be awarded to the responsive and responsible bidder(s) offering the lowest prices for each chemical listed below. All prices shall remain firm throughout the contract term. The total price(s) shall include all labor, materials, and expenses. The estimated quantities listed below are for reference purposes only. Items will be ordered on an “as needed basis”. The contract duration shall be from 2/1/2023 to 1/31/2024. All bidders shall submit pricing in the format requested. Bidders may select to bid on one or more items. Any bid listed as pounds will not be considered and will be disqualified. Column A Column B Column A x Column B = Liquid Chemical Name Delivery Quantity Gallons Estimated Annual Usage in Gallons Cost per gallon Total Bid Value, year 1 Item 1. Aluminum Sulfate 48%. 5000 200,000 Item 2 Ammonium Sulfate 40% 2000 24,000 Item 3. Sodium Hydroxide 25% 5000 200,000 Item 4. Sodium Hypochlorite 15% 5000 150,000 Item 5. Sodium Bisulfite 38% 450 3,500 Item 1 total written in words: Item 2 total written in words: Item 3 total written in words: Item 4 total written in words: Item 5 total written in words: ____________________________________ __________________________________________ Signature of bidder Name and Title (Printed) FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 18 NAME OF BIDDER:__________________________________________________________ Vendor Chemical Bid Data Sheet Vendors shall submit a Vendor Chemical Bid Data Sheet for each chemical item they wish to submit pricing for. Failure to submit a Vendor Chemical Bid Data Sheet for an item with a price submission will result in the disqualification of the submission for that corresponding item in the Price Proposal. Chemical Name: ___________________________________________________ Bidder: ___________________________________________________________ Manufacture: Yes_____ No_____ If No: Manufacturer’s Representative: Yes_____ No_____ Specify location or locations the chemical supplied will be manufactured: Address: __________________________________________________________ __________________________________________________________________ Contact person at point of manufacture: Telephone number: ___________________________________ Specify the distribution point from which CWD will receive the chemical: Address: __________________________________________________________ __________________________________________________________________ Detailed directions (attach if needed): Contact Person at facility: Name: ________________________________________ Telephone number: ______________________________ Quantity of chemical routinely in storage: _________________ (gal) Bidders may duplicate this page if necessary. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 19 NAME OF BIDDER:__________________________________________________________ Americans With Disabilities Act (42 U.S.C. 12131) Section 504 of the Rehabilitation Act of 1973 Tax Compliance/Anti-Collusion Statement Debarment Statement The Americans with Disabilities Act (the "Act") applies to all employers of fifteen or more employees. All vendors that are subject to the Act must comply with its provisions. In further compliance with the Act, all Contractors who enter into contracts with the City are prohibited from discrimination against the City's employees, regardless of the size of the Contractor. The Act protects against discrimination on the basis of "disability", which is defined as a physical or mental impairment that substantially limits at least one "major life activity"; discrimination against a person having a history or record of such impairment; and discrimination against an individual regarded - even if inaccurately - as having such an impairment. The Act also expressly prohibits discrimination that is based on an individual's relationship or association with a disabled person. The Contractor shall not discriminate against any qualified employee or job applicant with a disability and will make the activities, programs and services covered by any contract awarded through this procurement readily accessible to and usable by individuals with disabilities. To be qualified for a job, or to avail oneself of the Contractor's services, the individual with the disability must meet the essential eligibility requirements for receipt of the Contractor's services or participation in the Contractor's programs or activities with or without: 1) reasonable modifications to the Contractor's rules, policies and practices; 2) removal of architectural, communication, or transportation barriers; or, 3) provisions of auxiliary aids and services. By submitting its contract, the Contractor certifies to the City of Cambridge that it understands and will comply with all applicable provisions of the Act, including compliance with applicable provisions of Section 504 of the Rehabilitation Act of 1973, if the Contractor is receiving federal funds. The undersigned certifies under penalties of perjury that this contract has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals As required by M.G.L. c. 62C, §49A, the undersigned certifies under the penalties of perjury that the Contractor has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. The undersigned certifies that it is not currently subject to any State or Federal debarment order. Date: ________________________ (Print Name of person signing bid) (Signature & Title) THIS FORM MUST BE SUBMITTED WITH YOUR BID FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 20 NAME OF BIDDER:__________________________________________________________ WAGE THEFT PREVENTION CERTIFICATION In Executive Order 2016-1, the City of Cambridge established requirements for City contracts in an effort to prevent wage theft. Prospective vendors must provide the following certifications or disclosures with their bids/proposals. Failure to provide the following shall result in rejection of the bid/proposal. Instructions for this form: A prospective vendor must check box 1 or box 2, as applicable, as well as boxes 3-5, and must sign this Form, certifying compliance with the requirements set out in this Form. This Form must be included with the bid or proposal, and for multi-year contracts must be completed annually on the contract anniversary and filed with the Purchasing Agent. The undersigned certifies under the pains and penalties of perjury that the vendor is in compliance with the provisions of Executive Order 2016-1 as currently in effect. All vendors must certify that [check either box 1 or box 2, as applicable]: 1. Neither this firm nor any prospective subcontractor has been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, G.L. c. 151, or 29 U.S.C. 201 et seq. within three (3) years prior to the date of this bid/proposal submission. OR 2. This firm, or a prospective subcontractor of this firm, has been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, G.L. c. 151, or 29 U.S.C. 201 et seq. within three (3) years prior to the date of this bid/proposal submission and such documentation is included in the bid/proposal submission. In addition, all vendors MUST CERTIFY EACH (CHECK ALL) of the following (3-5): 3. Any federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, G.L. c. 151, or 29 U.S.C. 201 et seq. imposed on this firm or on any prospective subcontractor while any bid/proposal to the City is pending and, if awarded a contract, during the term of the contract, will be reported to the Purchasing Agent or other City department within five (5) days of receiving notice. Continued on next page FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 21 NAME OF BIDDER:__________________________________________________________ 4. Vendors awarded a contract that have disclosed a federal or state criminal or civil judgment, administrative citation, final administrative determination, or order resulting from a violation of G.L. c. 149, G.L. c. 151, or 29 U.S.C. 201 et seq. within three (3) years prior to the date of this bid/proposal, while the bid/proposal was pending, or during the term of the contract shall, upon request, furnish their monthly certified payrolls for their City contract to the Purchasing Agent for all employees working on such contract and are required to obtain a wage bond or other suitable insurance in an amount equal to the aggregate of one year’s gross wages for all employees. Vendors subject to a state or federal debarment for violation of the above laws or prohibited from contracting with the Commonwealth are prohibited from contracting with the City, and upon a finding or order of debarment or prohibition, the City may terminate the contract. 5. Notice provided by the City, informing employees of the protections of Executive Order 2016-1 and applicable local, state, and federal law will be posted by this firm in conspicuous places. Attested hereto under the pains and penalties of perjury: _______________________________________ _______________________________________ (Typed or printed name of person signing Signature Quotation, Bid or Proposal) _______________________________________ (Name of Business) Pursuant to Executive Order 2016-1, vendors who have been awarded a contract with the City of Cambridge must post the Massachusetts Wage and Hour Laws notice informing employees of the protections of G.L. c. 149, G.L. c. 151, and 21 U.S.C. 201 et seq. in conspicuous places. This notice can be found at http://www.mass.gov/ago/docs/workplace/wage/wagehourposter.pdf THIS FORM MUST BE SUBMITTED WITH YOUR BID FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 22 NAME OF BIDDER:__________________________________________________________ CORI COMPLIANCE FORM Persons and businesses supplying goods and/or services to the City of Cambridge (“Vendors”), who are required by law to perform CORI checks, are further required by Section 2.112.060 of the Cambridge Municipal Code to employ fair policies, practices and standards relating to the screening and identification of persons with criminal backgrounds through the CORI system. Such Vendors, when entering into contracts with the City of Cambridge, must affirm that their policies, practices and standards regarding CORI information are consistent with the policies, practices and standards employed by the City of Cambridge as set forth in the City of Cambridge CORI Policy (“CORI Policy”) attached hereto. CERTIFICATION The undersigned certifies under penalties of perjury that the Vendor employs CORI related policies, practices and standards that are consistent with the provisions of the attached CORI Policy. All Vendors must check one of the three lines below. 1. _______ CORI checks are not performed on any Applicants. 2. _______ CORI checks are performed on some or all Applicants. The Vendor, by affixing a signature below, affirms under penalties of perjury that its CORI policies, practices and standards are consistent with the policies, practices and standards set forth in the attached CORI Policy. 3. _______ CORI checks are performed on some or all Applicants. The Vendor’s CORI policies, practices and standards are not consistent with the attached CORI Policy. Please explain on a separate sheet of paper. ___________________________________ ___________________________________ (Typed or printed name of person signing Signature Quotation, Bid or Proposal) ___________________________________ (Name of Business) NOTE: The City Manager, in his sole discretion may grant a waiver to any Vendor on a contract by contract basis. Instructions for Completing CORI Compliance Form: A Vendor should not check Line 1 unless it performs NO CORI checks on ANY applicant. A Vendor who checks Line 2 certifies that the Vendor’s CORI policy conforms to the policies, practices and standards set forth in the City’s CORI Policy. A Vendor with a CORI policy that does NOT conform to the City’s CORI Policy must check Line 3 and explain the reasons for its nonconformance in writing. Vendors, who check Line 3, will not be permitted to enter into contracts with the City, absent a waiver by the City Manager. THIS FORM MUST BE SUBMITTED WITH YOUR BID FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 23 NAME OF BIDDER:__________________________________________________________ CITY OF CAMBRIDGE WRITTEN INFORMATION SECURITY POLICY (WISP) AFFIRMATION I, the undersigned, hereby confirm and acknowledge to the City of Cambridge that I am aware of and understand the City of Cambridge’s Written Information Security Policy (WISP) as outlined in the link below; and shall comply with the requirements of the City of Cambridge’s WISP policy to the extent the policy applies to this contract. https://www.cambridgema.gov/-/media/Files/informationtechnologydepartment/WISP.pdf Date: __________________________________________ Signature of bidder/Contractor Printed Name of bidder/Contractor _________________________________ Title THIS FORM MUST BE SUBMITTED WITH YOUR BID https://www.cambridgema.gov/-/media/Files/informationtechnologydepartment/WISP.pdf FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 24 NAME OF BIDDER:__________________________________________________________ City of Cambridge CORI Policy 1. Where Criminal Offender Record Information (CORI) checks are part of a general background check for employment or volunteer work, the following practices and procedures will generally be followed. 2. CORI checks will only be conducted as authorized by Criminal History Systems Board (CHSB). All applicants will be notified that a CORI check will be conducted. If requested, the applicant will be provided with a copy of the CORI policy. 3. An informed review of a criminal record requires adequate training. Accordingly, all personnel authorized to review CORI in the decision-making process will be thoroughly familiar with the educational materials made available by the CHSB. 4. Prior to initiating a CORI check, the City will review the qualifications of the applicant to determine if the applicant is otherwise qualified for the relevant position. The City will not conduct a CORI check on an applicant that is not otherwise qualified for the relevant position. 5. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determination of suitability based on CORI checks will be made consistent with this policy and any applicable law or regulations. 6. If a criminal record is received from CHSB, the authorized individual will closely compare the record provided by CHSB with the information on the CORI request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant. 7. If, in receiving a CORI report, the City receives information it is not authorized to receive (e.g. cases with dispositions such as not guilty or dismissal, in circumstances where the City is only authorized to receive convictions or case-pending information), the City will inform the applicant and provide the applicant with a copy of the report and a copy of CHSB’s Information Concerning the Process in Correcting a Criminal Record so that the applicant may pursue correction with the CHSB. 8. If the City of Cambridge is planning to make an adverse decision based on the results of the CORI check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the City’s CORI policy, advised of the part(s) of the record that make the individual unsuitable for the position and given an opportunity to dispute the accuracy and relevance of the CORI record. 9. Applicants challenging the accuracy of the criminal record shall be provided a copy of CHSB’s Information Concerning the Process in Correcting a Criminal Record. If the CORI record provided does not exactly match the identification information provided by the applicant, the City of Cambridge will make a determination based on a comparison of the CORI record and documents provided by the applicant. The City of Cambridge may contact CHSB and request a detailed search consistent with CHSB policy. 10. If the City of Cambridge reasonably believes the record belongs to the applicant and is accurate, then the determination of suitability for the position will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to the following: (a) Relevance of the crime to the position sought; (b) The nature of the work to be performed; (c) Time since the conviction; (d) Age of the candidate at the time of offense; (e) Seriousness and specific circumstances of the offense; (f) The number of offenses; (g) Whether the applicant has pending charges; (h) Any relevant evidence of rehabilitation or lack thereof; FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 25 NAME OF BIDDER:__________________________________________________________ (i) Any other relevant information, including information submitted by the candidate or requested by the City. 11. The Personnel Department will assist affected departments, in assessing the suitability of candidates in accordance with paragraph 10 a through i above, to ensure consistency, fairness, and protection of employment opportunities and the public interest. 12. The City of Cambridge will notify the applicant of the decision and the basis of the decision in a timely manner. 13. CORI information shall not be disseminated or shared with any unauthorized employees or other, but shall be maintained in confidence consistent with the obligations of law. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 26 NAME OF BIDDER:__________________________________________________________ ORDINANCE NUMBER 1376 Final Publication Number 3390. First Publication in the Chronicle on November 5, 2015. City of Cambridge In the Year Two Thousand and Fifteen AN ORDINANCE In amendment to the Ordinance entitled “Municipal Code of the City of Cambridge” Be it ordained by the City Council of the City of Cambridge that the Municipal Code of the City of Cambridge be amended as follows: Chapter 2.121 LIVING WAGE ORDINANCE Sections: 2.121.010 Title and Purpose 2.121.020 Definitions 2.121.030 Living Wage 2.121.040 Standard Compensation 2.121.050 Waivers and Exceptions 2.121.060 Notification Requirements 2.121.070 Duties of covered Employers 2.121.080 Community Advisory Board 2.121.090 Enforcement 2.121.100 Severability 2.121.110 Effective Date 2.121.010 Title and Purpose. This Chapter shall be known as the "Cambridge Living Wage Ordinance". The purpose of this ordinance is to assure that employees of the City of Cambridge and employees of City contractors, subcontractors and beneficiaries of tax abatements, loans, grants, subsidies and other assistance provided by the City earn an hourly wage that is needed to support a family of four. 2.121.020 Definitions. For the purposes of this ordinance, the term: (a) "Applicable Department" means the Personnel Department for employees of the City of Cambridge, the Purchasing Department, with the advice and assistance of the appropriate department which receives the services, for Covered Employers who contract or subcontract with the City of Cambridge, the School Department for employees, contractors and subcontractors of the School Department, and the City Manager's Office for any other Person who is a Beneficiary of assistance other than a contract or subcontract. (b) "Assistance" means: FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 27 NAME OF BIDDER:__________________________________________________________ (1) any grant, loan, tax incentive, bond financing, subsidy, or other form of assistance valued at least $10,000 that an employer receives by or through the authority or approval of the City of Cambridge, including, but not limited to, c. 121A tax abatements, industrial development bonds, Community Development Block Grant (CDBG) loans and grants, Enterprise Zone designations awarded after the effective date of this Chapter, and the lease of City owned land or buildings below market value; and (2) any service contract, as defined herein, of at least $10,000 with the City of Cambridge that is made with an employer to provide services pursuant to G.L.C. 30B or other public procurement laws, awarded, renegotiated or renewed after the effective date of this Chapter. (3) any service subcontract, as defined herein, of at least $10,000. (c) "Beneficiary" means: (1) any person who is a recipient of Assistance; (2) any company or person that is a tenant or sub-tenant, leaseholder or sub-leaseholder of a recipient of Assistance, provided that said company or person employs at least 25 persons and occupies property or uses equipment or property that is improved or developed as a result of Assistance, after the effective date of this Chapter; and (d) Covered Employer" means the City of Cambridge or a Beneficiary of Assistance, but does not include a Covered Building Services Employer. (e) "Covered Employee" means: (1) a person employed by the City of Cambridge except for persons in those positions listed in Section 2.121.040(j) of this ordinance; and (2) a person, other than a Covered Building Service Employee, employed by a Covered Employer, or a person employed by an independent contractor doing business with a Covered Employer, who would directly expend any of his or her time on the activities funded by the contract or the activities for which the Beneficiary received the Assistance, except for persons in those positions listed in Section 2.121.040(j) of this ordinance. (f) "Living Wage" has the meaning stated in Section 2.121.030. (g) "Person" means one or more of the following or their agents, employees, servants, representatives, and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and all other entities recognized at law by the Commonwealth of Massachusetts. (h) “Service Contract” means a contract let to a contractor by the City of Cambridge for the furnishing of services, to or for the City, except contracts where services are incidental to the delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service contract” for the purposes of this definition. (i) “Service Subcontract” means a subcontract primarily for the furnishing of services, to or for a recipient of Assistance, except where services are incidental to the delivery of products, equipment or FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 28 NAME OF BIDDER:__________________________________________________________ commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service subcontract” for the purposes of this definition. (j) “Covered Building Service Employee” means any person performing building service work for a Covered Building Service Employer, either directly or through a contract or subcontract. (k) “Building Services” or “Building Service Work” means work performed in connection with the cleaning of buildings and security guard services. (l) “Covered Building Service Contract” means a contract or subcontract to provide Building Services to the City of Cambridge or any of its departments or subdivisions. (m) “Covered Building Service Contractor” or “Covered Building Service Employer” means an entity providing Building Services on a Covered Building Service Contract or subcontract with the City or any of its departments or subdivisions. (n) “Standard Compensation” has the meaning stated in Section 2.121.040. 2.121.030 Living Wage. (a) Applicability. Covered Employers shall pay no less than the Living Wage to their employees. (b) Amount of wage. The Living Wage shall be calculated on an hourly basis and shall be no less than $10.00, subject to adjustment as provided herein. The Living Wage shall be upwardly adjusted each year no later than March first in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Annual Average Consumer Price Index for All Urban Consumers (CPI -U) Boston-Lawrence-Salem, MA - NH, as published by the Bureau of Labor Statistics, United States Department of Labor applied to $10.00. (c) No reduction in collective bargaining wage rates. Nothing in this Chapter shall be read to require or authorize any beneficiary to reduce wages set by a collective bargaining agreement. (d) Cuts in non-wage benefits prohibited. No Beneficiary will fund wage increases required by this Chapter, or otherwise respond to the provisions of this Chapter, by reducing the health, insurance, pension, vacation, or other non-wage benefits of any of its employees. 2.121.040 Standard Compensation (a) Applicability. Covered Building Services Employers shall pay no less than the Standard Compensation to Covered Building Service Employees. (b) Standard Compensation shall include the standard hourly rate of pay for the relevant classification. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 29 NAME OF BIDDER:__________________________________________________________ (c) Amount. (i) The “Standard Hourly Rate of Pay” for Covered Building Service Employees other than for security guards shall be the greatest of the following: (1) The Living Wage rate as defined in 2.121.030; or (2) the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts; (ii) The “Standard Hourly Rate of Pay for security guards” shall be the greatest of the following: (1) The Living Wage rate as defined in 2.121.030; or (2) the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014; or (3) the hourly rate paid to workers in the relevant classification under a preceding Building Service Contract. (iii) The Standard Hourly Rate of Pay for Covered Building Service Employees other than for security guards shall be annually adjusted to be no less than the greatest of the following: (1) the previous hourly rate of pay increased by the annual percentage difference between the current Boston-Lawrence-Salem, MA - NH Consumer Price Index (CPI) for all items for All Urban Consumers and the same CPI for the same month of the previous year, or (2) the current prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts. (iv) The Standard Hourly Rate of Pay for security guards shall be annually adjusted to be no less than the greatest of the following: (1) the previous hourly rate of pay increased by the annual percentage difference between the current Boston-Lawrence-Salem, MA - NH Consumer Price Index (CPI) for all items for All Urban Consumers and the same CPI for the same month of the previous year, or (2) the current prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014. (v) “Standard Benefits” for Covered Building Service Employees other than for security guards shall be an hourly supplement furnished by a Covered Building Service Employer to a Covered Building Service Employee in one of the following ways: (1) in the form of health and other benefits (not including paid leave) that cost the Covered Building Service Employer the entire required hourly supplemental amount; (2) by providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or (3) by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the greatest of the following: (1) the monetary value FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 30 NAME OF BIDDER:__________________________________________________________ of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts; or (2) twenty percent (20%) of the standard hourly rate of pay. (vii) “Standard Benefits for security guards” shall be an hourly supplement furnished by a Covered Building Service Employer to a Covered Building Service Employee in one of the following ways: (1) in the form of health and other benefits (not including paid leave) that cost the Covered Building Service Employer the entire required hourly supplemental amount; (2) by providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or (3) by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the greatest of the following: the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014; or (2) twenty percent (20%) of the standard hourly rate of pay. (viii) For the purposes of this section, “benefits” shall not include workers compensation or other legally mandated insurance, nor shall it include the value of any benefit for which the Covered Building Service Employee is eligible, but for which no payment is actually made by a Covered Building Service Employer to the Covered Building Service Employee or to any other party on the Covered Building Service Employee’s behalf, because the Covered Building Service Employee either does not actually utilize or does not elect to receive the benefit for any reason (ix) Standard benefits for Covered Building Service Employees other than for security guards shall be adjusted annually to be no less that equal to the value of the greatest of the following: (1) the value of the previous standard benefits increased by the annual percentage difference between the current Boston- Lawrence -Sal em, MA - NH Consumer Price Index (CPI) for all items for All Urban Consumers and the same CPI for the same month of the previous year, or (2) the current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts. (x) Standard benefits for security guards shall be adjusted annually to be no less that equal to the value of the greatest of the following: (1) the value of the previous standard benefits increased by the annual percentage difference between the current Boston-Lawrence -Sa lem, MA - NH Consumer Price Index (CPI) for all items for All Urban Consumers and the same CPI for the same month of the previous year, or (2) the current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014. 2.121.050 Waivers and Exceptions. (a) Waivers. A Covered Employer may request that the City Manager grant a partial or whole waiver to the requirements of this Chapter. There shall be no waivers or exceptions made with respect to the Standard Compensation for Covered Building Service Employees. (b) General Waivers. Waivers may be granted where application of this Chapter to a particular form of Assistance is found by the City Solicitor to violate a specific state or federal statutory, regulatory or constitutional provision or provisions, and the City Manager approves the waiver on that basis. (c) Hardship Waivers for certain not- for-profit employers. An employer, who has a contract with the City of Cambridge which is not subject to the provisions of G.L. c. 30B, may apply to the City Manager for a specific waiver where payment of the Living Wage by a not-for-profit Covered Employer would cause a substantial hardship to the Covered Employer. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 31 NAME OF BIDDER:__________________________________________________________ (d) Chapter 30B contract waivers. Prior to issuing an invitation for bids for a procurement contract subject to the provisions of G.L. c. 30B, any Applicable Department may apply to the City Manager for a waiver of the application of the Living Wage to the contract where payment of the Living Wage by a Covered Employer would make it inordinately expensive for the City to contract for the services or would result in a significant loss of services, because the contracted work cannot be segregated from the other work of the Covered Employer. (e) General Waiver Request Contents. All General Waiver requests shall include the following: (1) The nature of the Assistance to which this Chapter applies; (2) The specific or official name of the Assistance and Assistance program, the statutory or regulatory authority for the granting of the Assistance, and a copy of that authority; (3) The conflicting statutory, regulatory, or constitutional provision or provisions that makes compliance with this Chapter unlawful, and a copy of each such provision; and (4) A factual explication and legal analysis of how compliance with this Chapter would violate the cited provision or provisions, and the legal consequences that would attach if the violation were to occur. (f) Hardship Waiver Request Contents. All Hardship Waiver requests shall include the following: (1) The nature of the Assistance to which this Chapter applies; (2) A detailed explanation of why payment of the Living Wage would cause a substantial hardship to the Covered Employer; and (3) A statement of proposed wages below the Living Wage. (g) Chapter 30B Contract Waiver Request Contents. A Chapter 30B contract waiver request shall include the following: (1) The nature of the Assistance to which this Chapter applies; (2) A detailed explanation of why the contracted work cannot be segregated from the other work of the bidding Covered Employers thereby making the cost of the contract with the payment of the Living Wage inordinately expensive or would result in a significant loss of services; (h) Community Advisory Board review and recommendation regarding waiver requests. The Community Advisory Board, as described in Section 2.121.070 of this ordinance, shall consider waiver requests along with their supporting documentation and analysis, and may hold a public hearing to consider the views of the public before making a recommendation to the City Manager regarding the waiver request. For a hardship waiver, the Community Advisory Board shall offer an opportunity to be heard to employees of the Covered Employer. After reviewing the recommendation of the Community Advisory Board, the City Manager may approve and grant or deny all or part of a request. The City Manager may in his or her discretion grant a temporary hardship waiver pending the hearing before the Community Advisory Board. For Chapter 30B contract waivers, the Community Advisory Board shall make its recommendation to the City Manager no more than thirty days after it is notified of the request for a Chapter 30B contract waiver. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 32 NAME OF BIDDER:__________________________________________________________ (i) Terms of exceptions. If an employer is subject to this Chapter as a result of its receipt of more than one kind of Assistance covered by this Chapter, and if the City Manager grants a waiver with respect to one form of Assistance, the City Manager need not find that this Chapter is inapplicable to the employer with respect to another form of Assistance received by the employer. (j) Exceptions. The following positions will be excepted from the requirement of the payment of the Living Wage upon certification in an affidavit in a form approved by the Applicable Department and signed by a principal officer of the Covered Employer that the positions are as follows: (1) youth hired pursuant to a city, state, or federally funded program which employs youth as defined by city, state, or federal guidelines, during the summer, or as part of a school to work program, or in other related seasonal or part-time program; (2) work-study or cooperative educational programs; (3) trainees who are given a stipend or wage as part of a job training program that provides the trainees with additional services, which may include, but are not limited to, room and board, case management, or job readiness services. (4) persons working in a recognized supported employment program that provides workers with additional services, which may include, but are not limited to, room and board, case management, counseling, or job coaching: (5) positions where housing is provided by the employer; (6) employees who are exempt from federal or state minimum wage requirements; and (7) individuals employed by the City of Cambridge where the employment of such individuals is intended primarily to provide a benefit or subsidy to such individuals, although the City is compensating them for work performed. 2.121.060 Notification Requirements. All Applicable Departments shall provide in writing an explanation of the requirements of this ordinance in all requests for bids for service contracts and to all persons applying for Assistance as defined by this ordinance. All persons who have signed a service contract with the City of Cambridge or a contract for Assistance shall forward a copy of such requirements to any person submitting a bid for a subcontract on the Assistance contract. All Covered Building Service Contracts and all solicitations for Building Services issued by the City of Cambridge or any of its departments or subdivisions, shall contain a provision indicating the number of hours or work required and stating the Standard Compensation for the relevant classification that is applicable to the Covered Building Service Employees and shall contain a stipulation that the Covered building Service employees shall be paid not less than the Standard Compensation for the relevant classifications. All requests for proposals or other solicitations and all specifications for Building Service Work, shall include specific reference to this chapter, shall state the required number of hours, and shall require prospective building service contractors to submit pricing on a standard worksheet furnished by the City that specifies the components of hourly pricing for the duration of the contract. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 33 NAME OF BIDDER:__________________________________________________________ 2.121.070 Duties of Covered Employers. (a) Notification Requirements. Covered employers and Covered Building Service Employers shall provide each Covered employee with a fact sheet about this ordinance and shall post a notice about the ordinance in a conspicuous location visible to all employees. The fact sheet and poster shall be provided to the Covered Employer by the Applicable Department and shall include: (1) notice of the Living Wage amount and notice of the Standard Compensation amount; (2) a summary of the provisions of this ordinance; (3) a description of the enforcement provisions of the ordinance; (4) the name, address, and phone number of a person designated by the Applicable Department to whom complaints of noncompliance with this ordinance should be directed. (b) Contract for Assistance. At the time of signing a contract for assistance with the City of Cambridge or with a Beneficiary, or a Covered Building Service Contract, the contract must include the following: (1) the name of the program or project under which the contract or subcontract is being awarded; (2) a local contact name, address, and phone number for the Beneficiary; (3) a written commitment by the Beneficiary to pay all Covered Employees not less than the Living Wage or Standard Wage if applicable, as subject to adjustment under this ordinance and to comply with the provisions of this ordinance; (4) a list of Covered Employees and Covered Building Service Employees under the contract with the employees’ job titles; (5) a list of all subcontracts either awarded or that will be awarded to Beneficiaries with funds from the Assistance. Upon signing any subcontracts, the Covered Employer shall forward a copy of the subcontract to the Applicable Department. (c) Maintenance of payroll records. Each Covered Employer shall maintain payrolls for all Covered Employees and basic records relating thereto and shall preserve them for a period of three years. The records shall contain the name and address of each employee, the job title and classification, the number of hours worked each day, the gross wages, deductions made, actual wages paid, and copies of social security wage and withholding reports, and evidence of payment thereof and such other data as may be required by the Applicable Department from time to time. (d) Applicable Department duties. The Applicable Department shall cause investigations to be made as may be necessary to determine whether there has been compliance with this Ordinance. The Applicable Department shall report the findings of all such investigations to the Community Advisory Board. (e) Covered Employer to cooperate. The Covered Employer shall submit payroll records on request to the Applicable Department. The Covered Employer shall permit City representatives to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls being investigated to determine payment of wages. FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 34 NAME OF BIDDER:__________________________________________________________ (f) City Assistance Reports. Each Applicable Department shall file a City Assistance Report with the City Manager and the Community Advisory Board by July 31 of each year. The report shall include, for each Assistance package or contract approved during the preceding fiscal year: (1) the name of the Applicable Department (awarding agency), the name of the specific program under which the Assistance was awarded, and the origin of funds for Assistance; (2) a description of the purpose or project for which the Assistance was awarded; (3) the name, address, and phone number of a local contact person for the Covered Employer; (4) the total cost to the City of Assistance provided to each Beneficiary, including both face-value of Assistance, as well as revenue not collected as a result of the Assistance. (g) Payroll reporting. Every six (6) months, a Covered Building Service Employer, shall file with the City a complete certified payroll showing the Covered Building Service Employer's payroll records for each Covered Building Service Employee. Upon request, the Covered Building Service Employer shall produce for inspection and copying the payroll records for any or all applicable Covered Building Service Employees for the prior three (3) year period. (h) Transitional Employment Period. The City shall give advance notice to a Covered Building Service Contractor and any collective bargaining representative of the Covered Building Service Contractor that a Covered Building Service Contract will be terminated, and the City shall also provide the name, address, and telephone number of the successor Covered Building Service Contractor or contractors where known. The terminated Covered Building Service Contractor shall, within five (5) days after receipt of such notice, provide to the successor Covered Building Service Contractor, the name, address, date of hire, and employment occupation classification of each employee employed at the site or sites covered by the building service contract at the time of receiving said notice. If a successor Covered Building Service Contractor has not been identified by the City be the end of the five (5) day pay period, the terminated Covered Building Service Contractor shall provide the information to the City, at the same time that the terminated contractor shall provide each affected employee with notice of his/her right to obtain employment with the successor Covered Building Service Contractor. A successor Covered Building Service Contractor or subcontractor where applicable shall retain for a 90-day transitional employment period all employees who were employed by the terminated Covered Building Service Contractor and its subcontractors at the building(s) covered by the terminated contract. This requirement shall not apply in the event the City chooses to employ building service employees directly. If at any time the successor Covered Building Service Contractor determines that fewer employees are required to perform the new service contract than had been performing such services under the terminated contract, the successor Covered Building Service Contractor shall retain the employees by seniority within job classification. Except for such layoffs, during the 90-day transition period, the successor Covered Building Service Contractor shall not discharge without cause an employee. During the 90-day transition period, the successor Covered Building Service Contractor shall maintain a preferential hiring list of those employees not retained from which the successor contractor or its subcontractors shall hire additional employees. 2.121.080 Community Advisory Board. (a) Purpose. The purpose of the Community Advisory Board shall be to review the effectiveness of this Ordinance at creating and retaining Living Wage jobs, to make recommendations to the City Manager FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 35 NAME OF BIDDER:__________________________________________________________ regarding the granting of Waivers to Covered Employers, to review the implementation and enforcement of this ordinance, and to make recommendations from time to time in connection therewith. (b) Composition. The Community Advisory Board shall be composed of nine members and shall include representatives of laborunions, community organizations and the business community. All members will be appointed by the City Manager. Members of the Board shall serve a three-year term. Whenever a vacancy shall occur the City Manager shall appoint a replacement within thirty days of said vacancy. (c) Meetings. The Community Advisory Board shall meet quarterly and in special session as required. All meetings of the Board shall be open to the public and will allow for public testimony on the uses of the City Assistance generally, and on specific instances of Assistance or proposed Assistance as received or sought by individual enterprises. (d) Conflict of Interest. No member of the Community Advisory Board shall participate in any proceeding concerning a Beneficiary, a Covered Employer or a Covered Employee, or applicant for waiver or exemption, if the member or any member of his or her immediate family has a direct or indirect financial interest in the outcome of said proceeding. 2.121.090 Enforcement. (a) Enforcement powers. In order to enforce this Chapter, the Applicable Department may, with the approval and assistance of the City Solicitor, issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of failure to comply with a subpoena, the City may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the productions of books, papers, records, and documents. Said court, in the case of a refusal to comply with any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigation, or proceedings, may issue an order requiring the attendance or testimony of such witnesses or the production of such documents and any violation of the court’s order may be punishable by the court as contempt thereof. (b) Complaint procedures. An employee who believes that he or she is a Covered Employee or an applicant for a position to be filled by a Covered Employee who believes that his or her employer is not complying with requirements of this Chapter applicable to the employer may file a complaint with the Applicable Department or with the Community Advisory Board. Complaints of alleged violations may also be filed by concerned citizens or by the City Council. Complaints of alleged violations may be made at any time, but in no event more than three years after the last date of alleged violation, and shall be investigated promptly by the Applicable Department. Statements written or oral, made by an employee, shall be treated as confidential and shall not be disclosed to the Covered Employer without the consent of the employee. (c) Investigations and hearings. The Applicable Department shall investigate the complaint, and may, in conjunction with the City Solicitor, and in accordance with the powers herein granted, require the production by the employer of such evidence as required to determine compliance. Prior to ordering any penalty the applicable Department shall give notice to the employer and conduct a hearing. If at any time during these proceedings, the employer voluntarily makes restitution of the wages not paid to the employee making the complaint and to any similarly situated employees, by paying all back wages owed plus interest at the average FILE NO. 10691 Water Department Chemicals; SUBMIT INVITATION FOR BID PRIOR TO: 11:00 a.m. on Thursday, December 1, 2022. 36 NAME OF BIDDER:__________________________________________________________ prior year Massachusetts passbook savings bank rate, or otherwise remedies the violation alleged if the violati...