Portable Restrooms for the City

1 SOLICITATION FOR: IFB # 23-50 Portable Restrooms for the City CITY OF SOMERVILLE, MASSACHUSETTS RELEASE DATE: 3/6/23 QUESTIONS DUE: 3/15/23 by 12PM EST DUE DATE AND TIME: 3/22/23 by 2PM EST Anticipated Contract Award 4/15/23 Est. Contract Commencement Date 5/11/23 Est. Contract Completion Date 1/31/24 Est. Renewal Years (If Applicable) Two additional one-year renewals DELIVER TO: City of Somerville Procurement & Contracting Services Attn: Jordan T. Remy Senior Procurement Manager jremy@somervillema.gov 93 Highland Avenue Somerville, MA 02143 CITY OF SOMERVILLE, MASSACHUSETTS Enclosed You Will Find a Request for Bid For: IFB # 23-50 Portable Restrooms for the City SECTION 1.0 GENERAL INFORMATION ON BID PROCESS 1.1 General Instructions Copies of the solicitation may be obtained from the Procurement & Contracting Services Department on and after 3/6/23 per the below-noted City Hall hours of operation. All Responses Must be

Sealed and Delivered To: Procurement & Contracting Services Department City of Somerville 93 Highland Avenue Somerville, MA 02143 It is the sole responsibility of the Offeror to ensure that the bid arrives on time at the designated place. Late bids will not be considered and will be rejected and returned. Bid Format: Submit one, original (1) sealed bid package; it must be marked with the solicitation title and number. In an effort to reduce waste, we discourage the use of 3-ring binders. All bids must include all forms listed in the Bidders Checklist (and all documents included or referenced in Sections 2.0 - 4.0). If all required documents are not present, the bid may be deemed non-responsive and may result in disqualification of the bid unless the City determines that such failure(s) constitute(s) a minor informality, as defined in Chapter MGL 30B. A complete bid must also include a cover letter signed by an official authorized to bind the Offeror contractually and contain a statement that the bid is firm for ninety (90) days. An unsigned letter, or one signed by an individual not authorized to bind the Offeror, may be disqualified. The Offeror’s authorized official(s) must sign all required bid forms. The Price Form in Section 3.0 must be completed. No substitute form will be accepted unless otherwise stated. Pricing must remain firm for the entire contract period. All information in the Offeror’s response should be clear and concise. The successful response will be incorporated into a contract as an exhibit; therefore, Offerors should not make claims to which they are not prepared to commit themselves contractually. The successful Offeror must be an Equal Opportunity Employer. The City of Somerville values a diverse workforce and believes it contributes to a work product and customer experience that best reflects the community in our city. Applicants are highly encouraged to include any certifications and documents that recognize the diversity of the Offeror’s work force, including ownership of the offering firm/organization, executive leadership, management, and City Hall Hours of Operation: Monday – Wednesday 8:30 a.m. and 4:30 p.m. Thursday 8:30 a.m. to 7:30 p.m. Friday 8:30 a.m. to 12:30 p.m. employees proposed for the work in Somerville, including diversity of sub-consultants. Please use the supplier diversity form (see Section 4.0) with supporting documentation to share your diversity data with the City. 1.2 Bid Schedule Key dates for this Invitation for Bids: IFB Issued 3/6/23 Deadline for Submitting Questions to IFB 3/15/23 by 12PM EST Bids Due 3/22/23 by 2PM EST Anticipated Contract Award 4/15/23 Est. Contract Commencement Date 5/11/23 Est. Contract Completion Date 1/31/24 Responses must be delivered by 3/22/23 by 2PM EST to: City of Somerville Procurement & Contracting Services Attn: Jordan T. Remy 93 Highland Avenue Somerville, MA 02143 1.3 Submission Instructions If you are submitting your bid online via Bidexpress.com, then you do not need to also submit a sealed bid package as instructed below. Email is not an acceptable method of submission of bids. Please submit one sealed bid package with the following contents and marked in the following manner: Contents of Sealed Bid Package Marked As Envelope 1: Sealed Bid: Shall Include (1) original and one (1) electronic copy. [Electronic copies are to be submitted on USB drives and are to be saved in Adobe Acrobat format. (“Read only” files are acceptable.)] To Be Marked: IFB # 23-50 Portable Restrooms for the City Please send the complete sealed package to the attention of : Jordan T. Remy Senior Procurement Manager Procurement & Contracting Services Somerville City Hall 93 Highland Avenue Somerville, MA 02143 Live Bid Opening Link Join Zoom Meeting https://us06web.zoom.us/j/81363928358?pwd=QjFMaldBSkxGTmJWVWluV0w4bjhvdz09 Meeting ID: 813 6392 8358 Passcode: 579763 Methods of Bid Submission Bidders may submit bids in any of the following ways. All bids will be timestamped and must be received no later than due date and time. 1) Deposit your sealed bid package in the black drop box located by the School Street entrance to City Hall, located near the corner of School Street and 93 Highland Avenue. 2) Sealed bids can be sent to City Hall through the US Postal Service or other delivery service (e.g. FedEx, UPS). 3) BidExpress.com is an online bidding platform where bidders can submit all required documents. The fee to use this service is approximately $40.00 unless your company has a subscription with BidExpress. You can access the bid package and forms via the City of Somerville BidExpress page at: https://www.bidexpress.com/businesses/33100/home A user guide is attached for your reference. 4) For any technical assistance while submitting the online bid, please contact the BidExpress Customer support team at www.bidexpress.com. Bidders may submit bids in any of the following ways. All bids will be timestamped and must be received no later than due date and time. http://www.somervillema.gov/BidExpress https://us06web.zoom.us/j/81363928358?pwd=QjFMaldBSkxGTmJWVWluV0w4bjhvdz09 https://www.bidexpress.com/businesses/33100/home http://www.bidexpress.com/ Bid Format Responses shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (12). All pages of each response shall be appropriately numbered (and with consecutive page numbering across tabs). In an effort to reduce waste, please DO NOT USE 3- RING BINDERS. Elaborate format and binding are neither necessary nor desirable. All bids will clearly identify the Offeror’s name, solicitation number, and formal solicitation title. Cover Letter Submit a cover letter that includes the official name of the firm submitting the bid, mailing address, e-mail address, telephone number, fax number and contact name. The letter must be signed by an official authorized to bind the bidder contractually and contain a statement that the bid is firm for ninety (90) days. An unsigned letter, or one signed by an individual not authorized to bind the Offeror, may be disqualified. Qualifications & Experience The Offeror shall include qualifications and experience of the firm (or sole proprietor). The Offeror shall identify the year the firm was established, the total number of employees currently employed, and the number of employees focused on this engagement. This section should also describe work that is similar in scope and complexity that the Offeror has undertaken in the past. A discussion of the challenges faced, and solutions developed are highly recommended. The Offeror may include any additional literature and product brochures. The Quality Requirements Form (Section 2), or set of basic business standards, must be submitted with bid. References The Offeror shall list at least three relevant references, which the City may contact. The City of Somerville reserves the right to use ourselves as a reference. References shall include the following information: ●The name, address, telephone number, and email address of each client listed above. ●A description of the work performed under each contract. ●The amount of the contract. ●A description of the nature of the relationship between Offeror and the customer. ●The dates of performance. ●The volume of the work performed. 1.4 Questions Questions are due: 3/15/23 by 12PM EST Questions concerning this solicitation must be delivered in writing to: Jordan T. Remy Senior Procurement Manager Somerville City Hall Procurement & Contracting Services Department 93 Highland Avenue Somerville, MA 02143 Or emailed to: jremy@somervillema.gov Or faxed to: 617-625-1344 Answers will be sent via an addendum to all Offerors who have registered as bid holders. Bidders are encouraged to contact the Procurement & Contracting Services Department to register as a bid document holder to automatically be alerted as to addenda as they are issued. It is the responsibility of the Offeror to also monitor the bid portal on the City’s website for any updates, addenda, etc. regarding that specific solicitation. The web address is: https://www.somervillema.gov/procurement If any bidders contact City personnel outside of the Procurement & Contracting Services Department regarding this bid, that bidder may be disqualified. 1.5 General Terms Estimated Quantities The City of Somerville has provided estimated quantities, which will be ordered/purchased over the course of the contract period. These estimates are estimates only and not guaranteed. Bid Signature A response must be signed as follows: 1) if the Offeror is an individual, by her/him personally; 2) if the Offeror is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the Offeror is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation (& with corporate seal). Time for Bid Acceptance and City Contract Requirements The contract will be awarded within 90 days after the bid opening. The time for award may be extended for up to 45 additional days by mutual agreement between the City of Somerville and the Offeror that is most advantageous and responsible. The Offeror’s submission will remain in effect for a period of 90 days from the response deadline or until it is formally withdrawn, a contract is executed, or this solicitation is canceled, whichever occurs first. The Offeror will be required to sign a standard City contract per the City’s general terms included herein as Appendix A. Holidays are as follows: New Year’s Day Martin Luther King. Jr. Day Washington's Birthday Patriots’ Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Indigenous Peoples’ Day Veterans’ Day Thanksgiving Day Thanksgiving Friday Christmas Eve (half day) Christmas Day Please visit http://www.somervillema.gov/ for the City’s most recent calendar. *Under State Law, all holidays falling on Sunday must be observed on Monday. If the awarded Offeror for their convenience desires to perform work during other than normal working hours or on other than normal work days, or if the Offeror is required to perform work at such times, the Offeror shall reimburse the City for any additional expense occasioned the City, thereby, such as, but not limited to, overtime pay for City employees, utilities service, etc. UNLESS otherwise specified in these provisions, services will be performed during normal work hours. When required services occur on holidays, work will be performed on either the previous or following work day, unless specified otherwise. Unforeseen Office Closure If, at the time of the scheduled bid opening, the Procurement & Contracting Services Department is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid due date will be postponed https://www.somervillema.gov/procurement http://www.somervillema.gov/ until 2:00 p.m. on the next normal business day. Bids will be accepted until that date and time. In the event of inclement weather, the Offeror is responsible for listening to the media to determine if the City has been closed due to weather. Changes & Addenda If any changes are made to this solicitation, an addendum will be issued. All proposers on record as having picked up the solicitation will be alerted via email as to the posting of all addenda. The City will also post addenda on its website (https://www.somervillema.gov/procurement). No changes may be made to the solicitation documents by the Offerors without written authorization and/or an addendum from the Procurement & Contracting Services Department. Modification or Withdrawal of Bids, Mistakes, and Minor Informalities An Offeror may correct, modify, or withdraw a bid by written notice received by the City of Somerville prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled "Modification No.__" to the address listed in Section 1. Each modification must be numbered in sequence and must reference the original solicitation. After the bid opening, an Offeror may not change any provision of the bid in a manner prejudicial to the interests of the City or fair competition. Minor informalities will be waived or the proposer will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the proposer will be notified in writing; the proposer may not withdraw the bid. A proposer may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident. Right to Cancel/Reject Bids The City of Somerville may cancel this solicitation, or reject in whole or in part any and all bids, if the City determines that cancellation or rejection serves the best interests of the City. Unbalanced Bids The City reserves the right to reject unbalanced, front-loaded, and conditional bids. Brand Name “or Equal” Any references to any brand name or proprietary product in the specifications shall require the acceptance of an equal or better brand. The City has the right to make the final determination as to whether an alternate brand is equal to the brand specified. Electronic Funds Transfer (EFT) For EFT payment, the following shall be included with invoices to the point of contact: • Contract/Order number; Contractor’s name & address as stated in the contract; • The signature (manual or electronic, as appropriate) title, and telephone number of the Offeror’s representative authorized to provide sensitive information; • Name of financial institution; Financial institution nine (9) digit routing transit number; • Offeror’s account number; Type of account, i.e., checking or saving. Other Applicable Laws In addition to applicable federal and state laws, the City has several ordinances that apply to the services requested in this contract. Such ordinances include but are not limited to: living wage ordinance, ordinance to protect vulnerable road users,[1] and ordinance to protect against wage https://www.somervillema.gov/procurement file:///C:/Users/anosnik/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/759P8TMY/Model%20IFB%20comments.doc%23statute file:///C:/Users/anosnik/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/759P8TMY/Model%20IFB%20comments.doc%23cancel https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTVIIIFI_DIV3LIWAOR_S2-399LIWA https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTVIIIFI_DIV3LIWAOR_S2-399LIWA https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH12STSIOTPUPL_ARTVIIIORSAVUROUS https://gbc-word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&actnavid=eyJjIjoxNDI5MDA4NTM0fQ&wopisrc=https%3A%2F%2Fsomervillema-my.sharepoint.com%2Fpersonal%2Fmwoods_somervillema_gov%2F_vti_bin%2Fwopi.ashx%2Ffiles%2F5e5e65da50f4458fa2ccbebbe6b732e8&wdenableroaming=1&mscc=1&wdodb=1&hid=C74708A0-105F-C000-86CD-F0CFA347888A&wdorigin=Other&jsapi=1&jsapiver=v1&newsession=1&corrid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&usid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&sftc=1&mtf=1&sfp=1&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlush&preseededsessionkey=54e2960f-955a-eaf7-37fe-8eebf435706b&preseededwacsessionid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&rct=Medium&ctp=LeastProtected#_ftn1 https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH9OFMIPR_ARTIIIOFAGPE_DIV2WATH theft. Workplace safety is of paramount importance to all workers who perform services on City contracts and all bidders must certify that they will disclose any citations they may have received for OSHA violations. [1] The ordinance to protect vulnerable road users applies to contracts where the contractor’s heavy vehicles are entering the City of Somerville to perform the work of the contract. Notice and Certification Pursuant to Somerville Wage Theft Ordinance All Offerors, bidders, respondents have an affirmative duty to report to the Procurement & Contracting Services Department and provide a copy of any criminal or civil judgment, administrative citation, or final administrative determination, order, or debarment, relating to wage theft, against the bidder or any of its subcontractors entered within the five years prior to bid submission. If you are the successful bidder, you and any of your subcontractors have an affirmative duty to report any criminal or civil judgment, administrative citation, final administrative determination, order, or debarment against the bidder or any its subcontractors while your contract with the City is in effect, within five business days of receipt. You may not contract with the City if you have been either voluntarily or involuntarily debarred by the federal government, any agency of the Commonwealth of Massachusetts or any other state for the entire term of the debarment. You may not use any subcontractor who has been debarred by the federal government or any state government during the period of that subcontractor's debarment. You must post notices in accordance with M.G.L. c. 151 § 16 in a conspicuous location accessible to all of their employees in English and the primary language of the employee(s) at the particular workplace. If not all employees would have reasonable access to the notice if posted in a single location, then you must inform the purchasing agent or other City Department of the number and location of postings in order to ensure that you provide reasonable notice to all of your employees. As a condition of this bid, the bidder (a.k.a. Offeror, respondent) hereby certifies that neither the bidder nor any of the bidder's subcontractors have been subject to a criminal or civil judgment, administrative citation, final administrative determination, order, or debarment resulting from a violation of M.G.L. c. 149, M.G.L. c. 151, or 29 U.S.C. § 201 et seq. within five years prior to bid submission. In the alternative, the Bidder hereby discloses a criminal or civil judgment, administrative citation, administrative determination, or debarment, within five years prior to bid submission. Included with the Bid is a copy of the same, in addition to documentation demonstrating that all damages, fines, costs, and fees have been paid. https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH9OFMIPR_ARTIIIOFAGPE_DIV2WATH https://gbc-word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&actnavid=eyJjIjoxNDI5MDA4NTM0fQ&wopisrc=https%3A%2F%2Fsomervillema-my.sharepoint.com%2Fpersonal%2Fmwoods_somervillema_gov%2F_vti_bin%2Fwopi.ashx%2Ffiles%2F5e5e65da50f4458fa2ccbebbe6b732e8&wdenableroaming=1&mscc=1&wdodb=1&hid=C74708A0-105F-C000-86CD-F0CFA347888A&wdorigin=Other&jsapi=1&jsapiver=v1&newsession=1&corrid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&usid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&sftc=1&mtf=1&sfp=1&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlush&preseededsessionkey=54e2960f-955a-eaf7-37fe-8eebf435706b&preseededwacsessionid=da8b7526-cb31-d1f0-89fd-5c2dad2ab841&rct=Medium&ctp=LeastProtected#_ftnref1 IFB # 23-50 SECTION 2.0 RULE FOR AWARD / SPECIFICATIONS/SCOPE OF SERVICES Rule For Award Contracts shall be awarded to the responsible and responsive Bidders submitting the lowest total price and /or lowest price in each category i.e. seasonal locations, special events and hand washing stations. These services will be used by Parks & Recreation, Health & Human Services, and Department of Public Works (DPW). The City may opt to award multiple contracts based on the pricing received in each category and as per the need of each department. The lowest total price is the total pricing offered by vendor for the period of Year 1. The City reserves a right to renew the contract if the vendor has offered a reasonable price for the additional 2 years. The contract will be awarded within ninety (90) days after the bid opening. The time for award may be extended for up to 45 additional days by mutual agreement between the City and the apparent lowest responsive and responsible bidder. Background / Requirements The City of Somerville (Parks & Recreation Department, Health & Human Services, and DPW requests bids for the rental, delivery and maintenance of portable restrooms / toilets – standard/ regular and ADA compliant units shall be furnished. Scope of Work • All units shall be constructed of fiberglass and/or plastic and shall have an interior (bowl, seat, etc.) made of stainless steel, plastic, fiberglass or some other non-porous material. • Toilet paper dispensers shall be lockable and vandal resistant; no loose rolls of paper are allowed in the units. In general, the units must be self-contained, odor-free, and non-polluting. • To prevent tipping, all units must have a mechanism to be locked down (e.g., chained to a fence) or otherwise secured (e.g., staked into the ground). • Vendor should be able to respond within 24 hours for any requests received. The rental is for the following locations for the seasonal or special events: Category 1 • Seasonal Locations for Parks and Recreation A. Capuano School: 1 Standard unit (Single Portable Restroom)*, 1 ADA Compliant** B. Hodgkin’s Park: 1 Standard unit (Single Portable Restroom)*, 1 ADA Compliant** C. Lincoln Park: 1 Standard unit (Single Portable Restroom)*, 1 ADA Compliant** D. Nunziato Field: 1 Standard unit (Single Portable Restroom)*, 1 ADA Compliant** E. Triangle Field: 1 Standard unit, 1 ADA Compliant** F. Dilboy Auxiliary Field for full season (2 locations i.e. Baseball & Soccer): 1 Standard unit, 1 ADA Compliant** G. Dilboy Stadium for seasonal locations (Approx. time-frame: March - May & November-December 2 Standard units, 1 ADA Compliant** H. Boat House (Short seasonal rental with approx. time-frame: April - May): 1 Standard unit, 1 ADA Compliant** I. Chucky Harris: 1 ADA Compliant** J. Albion Park: 1 ADA Compliant** K. Winter Hill Field: 1 ADA Compliant* L. Seasonal cost as needed per Standard unit, per ADA Compliant Unit** M. 3 ADA compliant units at unspecified locations as determined by the Director of Health & Human Services Category 2 • Special Events Locations for DPW A. Memorial Parade – T Station Clarendon Hill: 1 Standard unit and 1 Wheelchair ADA Compliant** B. Fireworks Fourth of July – Trum Field: 4 Standard units and 2 Wheelchair ADA Compliant** C. Mayor’s City Picnic – Powderhouse: 2 Standard units and 2 Wheelchair ADA Compliant** D. Honk Festival: 4 Standard units 2 ADA Compliant** E. Art Beat: 4 Standard units 2 ADA Compliant** F. Stephanie’s Camp Out: 1 Standard unit 1 ADA Compliant** G. Fluff Fest: 4 Standard units 2 ADA Compliant** H. Joe’s Jazz festival: 1 Standard unit 1 ADA Compliant** I. Art Farm: 1 Standard unit, 1 ADA Compliant** J. Cost as needed per Standard unit, per ADA Compliant Unit** Note: * Must include toilet, urinal, hand sanitizer **Includes, but not limited to toilet, handrails, accessories around the toilet Unit Requirements: • All ADA specified units must be the proper ADA dimensions at minimum 86.5 inches tall, and its inside base is 58.5 x 58.5 inches allowing proper turning radius. • ADA units must have an internal handrail on 3 sides of the unit. • A hand sanitizer containing at least 60 percent alcohol must be included in both standard and ADA units. This should be in a vandalism/theft proof container and must be checked and refilled each time the unit is serviced and cleaned. This must be filled every time unit is serviced. • Toilet paper must be in a lockable and vandalism/theft proof container. Toilet paper must be checked and refilled each time unit is serviced • All units must have urinal accessory to aid in cleanliness of unit in between site visits. • All units must have a locking option for overnight security. Units must be compatible with either a door combination or a padlock/combination locking option Category 3 In addition to portable restrooms, the City also requests pricing for hand washing stations. If bidding for this category, please include the product specification with your bid. • Scheduled Cleaning Activity A. During the duration of rental period, cleaning should be done 4 times a week i.e. on Monday, Wednesday, Friday and Saturday. B. Required weekly cleaning services (as well as additional cleaning services requested for long-term and short-term rentals) shall include, but shall not be limited to: pumping contents; replacement of sanitizing agent and/or processing chemicals; replenishment of toilet paper supplies; sweeping; general disinfection and deodorization; minor repair work; and graffiti removal. C. Vendor must generate weekly report that includes dates/timestamps/condition of the unit upon arrival/driver or service person’s name. D. The awarded vendor shall abide by all federal, state, and local laws, regulations and ordinances and any contract held by the participating municipalities regarding the pickup, removal and disposal of waste. E. Athletic Fields and Natural Grass Sites shall not to be serviced in any instance in which the Natural grass surface would be wet. In any instance where these units cannot be serviced due to unforeseeable acts of nature the Project Manager shall be notified immediately. Any damage as a result of any work conducted by the vendor to any field, landscaped area, planting bed, or City of Somerville property damage, shall be reported to the Project Manager immediately. Any damage caused by the vendor will be repaired at the expense of the vendor. Failure to report or repair damage to City of Somerville property could result in loss of contract and/or bond. • Emergency Cleanings (Unscheduled Cleaning Activity) Vendors shall indicate on their bid response any total additional charges to perform emergency cleanings (outside of the weekly cleanings outlined above). These cleanings would only be at the request of the City and would be outside the normal cleaning schedule. Vendors shall make these prices all-inclusive in their bid response. These will be a necessity for large events or special events listed under DPW locations above. • Delivery All units shall be delivered clean, empty and fully stocked with toilet tissue and any other supplies as required. DPW will coordinate with the vendor for the time of delivery and cleanings related to special events. Parks and Recreation and Health and Human Services will coordinate with the vendor for all seasonal units listed on this contract. Additional units added on a seasonal basis at a location that does not fall under the Parks and Recreation Departments or Health and Human Services purview will be the responsibility of DPW. For “unscheduled” units (i.e., additional units required due to larger than expected attendance, unforeseen special events, etc.), deliveries shall be made within twenty-four (24) hours of notification by the City. • Minor Damages / Unit Replacement Costs While the awarded vendor shall bear the costs of all minor repairs, the City will pay half of the market value of a replacement unit in the event that said unit is destroyed beyond repair, as determined by the DPW superintendent. • Invoicing and Payments The awarded vendor shall submit an itemized invoice within thirty (30) days, which includes the following information: - Appropriate City department (DPW, Health & Human Services, or Parks and Recreation) - Number and type of unit (standard, handicapped accessible/ADA compliant) - Unit cost per month - Additional charges (extra cleanings), if applicable. - Location of unit - Approved replacement costs (if applicable) Quality Requirements Quality requirements, or basic business requirements, are the minimum set of standards that an entity must meet and certify to be considered responsible and responsive. Please complete the Quality Requirements form, below, and submit it with your completed bid. The City of Somerville may disqualify any response that does not meet the minimum quality requirements. A "No” response to items 1, 2, or 3, or a failure to respond to any of the following minimum standards, may result in disqualification of your bid. QUALITY REQUIREMENTS YES NO 1. Can you supply the quantity of the portable toilets requested by the City? 2. Can you provide the cleaning services as per the cleaning schedule mentioned in this specification? 3. During unforeseen special events, can you supply additional units within 24 hours of the notification by the City? 4. Optional: Are you a Mass. Supplier Diversity Office MBE/WBE certified minority or woman owned business? Additional minority designations may be submitted by attaching supporting documentation. In order to provide verification of affirmative responses to items 1, 2, and 3 under the quality requirements listed in the Quality Requirements Form, Offeror must submit written information that details the general background, experience, and qualifications of the organization. Subcontractors, if applicable, must be also included. Period of Performance The period of performance for this contract begins on or about 5/11/23 and ends on or about 1/31/24. If applicable, optional renewal years may be exercised by the sole discretion of the City (see cover page for anticipated contract term). Place of Performance All services, delivery, and other required support shall be conducted in Somerville and other locations designated by the Department point of contact. Meetings between the Vendor and City personnel shall be held at the City of Somerville, Massachusetts, unless otherwise specified. Vendor Conduct The Vendor’s employees shall comply with all City regulations, policies, and procedures. The Vendor shall ensure that their employees present professional work attire at all times. The authorized contracting body of the City may, at his/her sole discretion, direct the Vendor to remove any Vendor employee from City facilities for misconduct or safety reasons. Such rule does not relieve the Vendor of their responsibility to provide sufficient and timely service. The City will provide the Vendor with immediate written notice for the removal of the employee. Vendors must be knowledgeable of the conflict of interest law found on the Commonwealth’s website http://www.mass.gov/ethics/laws-and-regulations-/conflict-of-interest-information/conflict-of-interest- law.html. Vendors may be required to take the Conflict of Interest exam. Vendor Personnel The Vendor shall clearly state the name of the proposed project manager. All proposed staff must demonstrate the ability to carry out the specified requirements. Confidentiality The Vendor agrees that it will ensure that its employees and others performing services under this contract will not use or disclose any non-public information unless authorized by the City. That includes confidential reports, information, discussions, procedures, and any other data that are collected, generated or resulting from the performance of this scope of work. All documents, photocopies, computer data, and any other information of any kind collected or received by the Vendor in connection with the contract work shall be provided to the City upon request at the termination of the contract (i.e., the date on which final payment is made on the contract or at such other time as may be requested by the City or as otherwise agreed by City and the Vendor). The Vendor may not discuss the contract work in progress with any outside party, including responding to media and press inquiries, without the prior written permission of the City. In addition, the Vendor may not issue news releases or similar items regarding contract award, any subsequent contract modifications, or any other contract-related matter without the prior written approval of the City. Requests to make such disclosures should be addressed in writing to the Vendor’s point of contact. Deliverables Vendor shall provide for all day-to-day supervision, inspection, and monitoring of all work performed to ensure compliance with the contract requirements. The contractor is responsible for remedying all defects and or omissions to the supplies or services provided to ensure that said deliverables meet the requirements as detailed in the contract specifications. http://www.mass.gov/ethics/laws-and-regulations-/conflict-of-interest-information/conflict-of-interest-law.html http://www.mass.gov/ethics/laws-and-regulations-/conflict-of-interest-information/conflict-of-interest-law.html IFB # 23-50 SECTION 3.0 PRICING By signing this Price Form, the Proposer certifies the following bulleted statements and offers to supply and deliver the materials and services specified below in full accordance with the Contract Documents supplied by the City of Somerville entitled: Portable Restrooms for the City • The bids will be received at the office of the Chief Procurement Officer, Somerville City Hall, 93 Highland Avenue, Somerville, MA 02143 no later than 3/22/23 by 2PM EST • If the awarded vendor is a Corporation a “Certificate of Good Standing” (produced by the Mass. Sec. of State) must be furnished with the resulting contract (see Section 4.0.) • Awarded Vendor must comply with Living Wage requirements (see Section 4.0; only for services) • Awarded Vendor must comply with all applicable laws, including but not limited to the Somerville Wage Theft Ordinance. • Awarded Vendor must comply with insurance requirements as stated in Section 4.0. • The Chief Procurement Officer reserves the right to accept or reject any or all bids and/or to waive any informalities if in her/his sole judgment it is deemed to be in the best interest of the City of Somerville. • The following prices shall include delivery, the cost of fuel, the cost of labor, and all other charges. • This form to be enclosed in sealed bid package. Please provide Unit Price for the following and include any additional fees not listed: Scheduled Activities for Seasonal Locations Description Estimated Quantity Year 1 2023 - 2024 Year 2 2024-2025 Year 3 2025-2023 Monthly Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Monthly Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Monthly Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Standard Toilets (Seasonal) 10 $ $ $ $ $ $ ADA compliant Toilets (Seasonal) 12 $ $ $ $ $ $ Annual total of Scheduled activities for seasonal locations $ $ $ Subtotal of Scheduled Activities for seasonal locations (Sum of the annual total for 3 years) $ (space intentionally left blank) https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH9OFMIPR_ARTIIIOFAGPE_DIV2WATH https://library.municode.com/ma/somerville/codes/code_of_ordinances?nodeId=PTIICOOR_CH9OFMIPR_ARTIIIOFAGPE_DIV2WATH Emergency Cleaning / Unscheduled activities for Seasonal locations (hourly rate) – Emergency cleaning includes any cleaning services provided in addition to the scheduled cleaning based on the needs. Description Estimated Quantity ((Hours) Year 1 2023-2024 Year 2 2024-2025 Year 3 2025-2026 Unit Price Total Price (Unit Price X Estimated Quantity) Unit Price Total Price (Unit Price X Estimated Quantity) Unit Price Total Price (Unit Price X Estimated Quantity) Hourly Rate for Emergency cleaning 5 $ $ $ $ $ $ Subtotal of Emergency Cleaning for seasonal locations (sum of the annual total price for 3 years) $ Total Price for Category 1 Sum of the subtotal of scheduled activities plus subtotal of emergency activities for seasonal locations. $ Category 2: Special Events Pricing – Per day Pricing (Rental supply, delivery and maintenance of the Portable restrooms, includes the scheduled cleaning) Scheduled Activities for Special Events Description Estimated Quantity Year 1 2023-2024 Year 2 2024-2025 Year 3 2025-2026 Daily Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Monthly Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Monthly Rental Cost Total Price (Monthly rental Cost X Estimated Quantity) Standard Toilets (Special Events) 18 $ $ $ $ $ $ ADA compliant Toilets (Special Events) 14 $ $ $ $ $ $ Annual total of Scheduled activities for special events $ $ $ Subtotal of Scheduled Activities for Special Events (Sum of the annual total for 3 years) $ Emergency Cleaning / Unscheduled activities for Special Events (hourly rate) – Emergency cleaning includes any cleaning services provided in addition to the scheduled cleaning based on the needs. Description Estimated Quantity ((Hours) Year 1 2023-2024 Year 2 2024-2025 Year 3 2025-2026 Unit Price Total Price (Unit Price X Estimated Quantity) Unit Price Total Price (Unit Price X Estimated Quantity) Unit Price Total Price (Unit Price X Estimated Quantity) Hourly Rate for Emergency cleaning 5 $ $ $ $ $ $ Subtotal of Emergency Cleaning for Special Events (sum of total price for 3 years) $ Total Price for Category 2 Sum of the subtotal of scheduled activities plus subtotal of emergency activities for Special Events $ Category 3 – Hand Washing Units Description Estimated Quantity Per Unit Price Total Price (Unit Price X Estimated Quantity) Hand Washing Unit 10 $ $ Total Bid Pricing Total Bid Price (sum of the total price for Category 1 + Category 2 +Category 3) in Figure $ Total Bid Price (sum of the total price for Category 1 + Category 2 + Category 3) in Words $ Name of Company/Individual: Address, City, State, Zip: Tel # Email: Signature of Authorized Individual Please acknowledge receipt of any and all Addenda (if applicable) by signing below and including this form in your bid package. Failure to do so may subject the proposer to disqualification. ACKNOWLEDGEMENT OF ADDENDA: Addendum #1 ____ #2 ____ #3____ #4____ #5____ #6____ #7____ #8____ #9____ #10____ IFB # 23-50 SECTION 4.0 Portable Restrooms for the City BIDDERS’ CHECKLIST Please ensure all documents listed on this checklist are included with your bid. Failure to do so may subject the proposer to disqualification. Required with Sealed Bids ____ Cover Letter ____ Price Form (Section 3.0) ____ Acknowledgement of Addenda (if applicable) ____ Quality Requirements (Section 2.0) ____ Somerville Living Wage Form (if applicable) ____ Certificate of Non-Collusion and Tax Compliance ____ Certificate of Signature Authority ____ Reference Form (or equivalent may be attached) ____ Supplier Diversity Form ____ Vulnerable Road Users Ordinance ____ W9 Required with Contract, Post Award _____ Certificate of Good Standing (will be required of awarded Vendor; please furnish with bid if available) _____ Insurance Specifications (will be required of awarded Vendor; furnish sample certificate with bid, if possible) APPENDIX A City’s General Terms and Conditions Approved 8/27/2015 - Page 1 of 4 CITY OF SOMERVILLE STANDARD CONTRACT GENERAL CONDITIONS 1. Definitions “City” shall mean the City of Somerville, Massachusetts. “Contract” and “Contract Documents” shall include the following documents, as applicable: City’s Standard Contract Form; these Standard Contract General Conditions; Supplemental Conditions (if applicable); City’s Invitation for Bids, Request for Proposals, Request for Quotation, or other solicitation; the Vendor’s response to the City’s solicitation document including certifications but excluding any language stricken by City as unacceptable. Appendices are made an integral part of this Contract. The Contract documents are to be read collectively and complementary to one another; any requirement under one shall be as binding as if required by all. In the event of any conflict or inconsistency between the City’s Standard Contract General Conditions and the Supplemental Conditions, the Supplemental Conditions shall prevail. In the event of any conflict or inconsistency between the provisions of the City’s Standard Contract Form or these Standard Contract General Conditions and any other Contract Documents or appendices, the provisions of the City’s Standard Contract Form and/or these Standard Contract General Conditions shall prevail. In the event of any conflict or inconsistency between the Contract Documents and any applicable state law, the applicable state law shall prevail. “Certify” or “Certifies” shall mean that the Vendor certifies under pains and penalties of perjury to the statement referenced. “Vendor” shall mean the individual, corporation, partnership, or other entity which is a party to this Contract. 2. Performance; Time The Vendor shall perform in accordance with all provisions of this Contract in a manner satisfactory to the City. The Vendor’s performance shall be timely and meet or exceed industry standards for the performance required. It is understood and agreed that all specified times or periods of performance are of the essence of this Contract. 3. Acceptance of Goods or Services Performance under this Contract shall include services rendered, obligations due, costs incurred, goods and deliverables provided and accepted by the City. The City shall have a reasonable opportunity to inspect all goods and deliverables, services performed by, and work product of the Vendor, and accept or reject same. 4. Compensation The City shall pay in full and complete compensation for goods received and accepted and services performed and accepted under this Contract in an amount not to exceed the amount stated on the face of this Contract paid in accordance with the rate indicated or in accordance with a prescribed payment schedule. The Vendor shall periodically submit invoices to the City, for which compensation is due under this Contract and requesting payment for goods received or services rendered by the Vendor during the period covered by the invoice. The invoice must agree to the rates/payment schedule as indicated in this contract. The invoice shall include the following information: vendor name, vendor remit address, invoice date, invoice number, itemized listing of goods, services, labor, and expenses and indicating the total amount due. The City shall review the invoice and determine the value of goods or services accepted by the City in accordance with the Contract Documents. Payments due to the Vendor will be made within sixty (60) days from receipt and approval of an invoice. Final invoices from the Vendor are due no later than ninety (90) days from the Completion Date. Any invoice received past the ninety (90) day date will not be paid. If this Contract is extended, invoices related to the extension period are due no later than ninety (90) days from the Extended Completion Date. The Vendor shall furnish such information relating to the goods or services or to documentation of labor or expenses as may be requested by the City. Acceptance by the Vendor of any payment or partial payment, without any written objection by the Vendor, shall in each instance operate as a release and discharge of the City from all claims, liabilities, or other obligations relating to the performance of this Contract. In case of an error in extension prices quoted herein, the unit price will govern (Applicable To Goods Only). 5. Release of City on Final Payment Acceptance by the Vendor of payment from the City for final delivery of goods or rendering of services under this Contract shall be deemed to release forever the City from all claims and liabilities, except those which the Vendor notifies the City in writing within three (3) months after such payment. 6. Risk of Loss The Vendor shall bear the risk of loss, for any cause, for any Vendor materials used for this Contract and for all goods, deliverables, and work in process, until possession, ownership, and full legal title to the goods and deliverables are transferred to and accepted by the City. The Vendor shall pay and be exclusively responsible for all debts for labor and material contracted for by the Vendor for the rental of any appliance or equipment hired by Vendor and/or for any expense incurred on account of services to be performed or goods delivered under this Contract. The City shall not be liable for any personal injury or death of the Vendor, its officers, employees, or agents. 7. Indemnification The Vendor shall indemnify, defend (with counsel acceptable to City, which acceptance shall not be unreasonably withheld), and hold harmless the City of Somerville, its officers, employees, agents and representatives from and against any and all claims, suits, liabilities, losses, damages, costs or expenses (including judgments, costs, interest, attorney’s fees and expert’s fees) arising from or in connection with any act or omission relating in any way to the performance of this Contract by the Vendor, its agents, officers, employees, or subcontractors. The extent of this indemnification shall not be limited by any obligation or any term or condition of any insurance policy. The obligations set forth in this paragraph shall survive the expiration or termination of this Agreement. Approved 8/27/2015 - Page 2 of 4 8. Default; Termination; Remedies A. Events of Default The following shall constitute events of default under this Contract: (1) The Vendor has made any material misrepresentation to the City; or (2) a judgment or decree is entered against the Vendor approving a petition for an arrangement, liquidation, dissolution or similar relief relating to bankruptcy or insolvency; or (3) the Vendor files a voluntary petition in bankruptcy or any petition or answer seeking any arrangement, liquidation or dissolution relating to bankruptcy, insolvency or other relief for debtors; or (4) the Vendor seeks or consents or acquiesces in the appointment of any trustee or receiver, or is the subject of any other proceeding under which a court assumes custody or control over the Vendor or of any of the Vendor's property; or (5) the Vendor becomes the defendant in a levy of an attachment or execution, or a debtor in an assignment for the benefit of creditors; or (6) the Vendor is involved in a winding up or dissolution of its corporate structure; or (7) any failure by the Vendor to perform any of its obligations under this Contract, including, but not limited to, the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Vendor’s reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Vendor’s reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the City, (iv) failure to promptly re-perform within reasonable time the Services or Supplies that were properly rejected by the City as erroneous or unsatisfactory, (v) discontinuance of the Services or Supplies for reasons not beyond the Vendor’s reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and nondiscrimination; or (8) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contract. B. Termination Upon Default. In the event of a default by the Vendor, the City, acting through its Chief Procurement Officer, may, at its option, terminate this Contract immediately by written notice of termination specifying the termination date. Notwithstanding the above, in the event of a default by the Vendor, the City, acting through its Chief Procurement Officer, may give notice in writing of a default, which notice shall set forth the nature of the default and shall set a date, by which the Vendor shall cure the default, subject to approval of the City. If the Vendor fails to cure the default, the City, in the alternative, may make any reasonable purchase or contract to acquire goods or services in substitution for those due from Vendor. The City may deduct the cost of any substitute contract or nonperformance together with incidental and consequential damages from the Contract price and shall withhold such damages form sums due or to become due to the Vendor. If the damages sustained by the City exceeds sums due or to become due, the Vendor shall pay the difference to the City upon demand. Upon immediate notification to the other party, neither the City nor the Vendor shall be deemed to be in default for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor's control. The City retains all rights and remedies at law or in equity. If the Vendor fails to cure the default within the time as may be required by the notice, the City, acting through its Chief Procurement Officer, may, at its option terminate the Contract. The parties agree that if City erroneously or unjustifiably terminates this Contract for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. C. Termination For Convenience. Notwithstanding any language to the contrary within this Contract, the City, acting through its Chief Procurement Officer, may terminate this Contract, without cause at any time, effective upon the termination date stated in the notice of termination. In the event of termination for convenience, the Vendor shall be entitled to be paid for goods delivered and accepted and services rendered and accepted prior to notice of termination at the prices stated in the Contract, subject to offset of sums due the Vendor against sums owed by the Vendor to the City. Any goods or services delivered after notification of termination but prior to the effective termination date must be approved in writing in advance by the City in order to be eligible for payment. In no event shall the Vendor be entitled to be paid for any goods or services delivered after the effective date of termination. The Vendor shall be entitled to no other compensation of any type. In no case shall a Vendor be entitled to lost profits. D. Obligations Upon Termination. Upon termination of this Contract with or without cause, the Vendor shall immediately, unless otherwise directed by the City: 1. cease performance upon the stated termination date; 2. surrender to the City the Vendor’s work product, which is deliverable under the Contract, whatever its state of completion; and 3. return all tools, equipment, finished or unfinished documents, data, studies, reports, correspondence, drawings, plans, models, or any other items whatsoever prepared by the Vendor pursuant to this Contract, which shall become property of the City, or belonging to or supplied by the City. E. Rights and Remedies. The City shall have the right to: a) disallow all or any part of the Vendor's invoices not in material compliance with this Contract; b) temporarily withhold payment pending correction by the Vendor of any deficiency; c) sue for specific performance or money damages or both, including reasonable attorneys' fees and costs incurred in enforcing any Vendor obligations hereunder; d) pursue remedies under any bond provided; and e) pursue such other local, state and federal actions and remedies as may be available to the City. Any termination shall not effect or terminate any of the rights or remedies of the City as against the Vendor then existing, or which may accrue because of any default. No remedy referred to in this subsection is intended to be exclusive, but shall be cumulative, and in addition to any other remedy referred to above or otherwise available to the City or Vendor at law or in equity. The Vendor shall not gain nor assert any right, title or interest in any product produced by the Vendor under this Contract. 9. Insurance The Vendor shall comply with all insurance requirements set out in the Contract Documents. The Vendor shall deliver to the City new certificates of insurance at least ten (10) calendar days prior to expiration of the prior insurance and shall furnish the City with the name, business address and telephone number of the insurance agent. Vendor certifies compliance with applicable state and federal employment laws or regulations including but not limited to G.L. c. 152 (Workers’ Compensation), as applicable, and Vendor shall provide City with acceptable evidence of compliance with the insurance requirements of this chapter. 10. Governing Law; Forum Approved 8/27/2015 - Page 3 of 4 This Contract shall be governed by the laws of the Commonwealth of Massachusetts. Any action arising out of this Contract shall be brought and maintained in a state or federal court in Massachusetts which shall have exclusive jurisdiction thereof. 11. Complete Agreement This Contract supersedes all prior agreements and understandings between the parties and may not be changed unless mutually agreed upon in writing by both parties. 12. Amendment No amendment to this Contract shall be effective unless it is signed by the authorized representatives of all parties and complies with all requirements of the law. All alterations or additions, material or otherwise, to the terms and conditions of this Contract must be in writing and signed by the City, as set forth in the below section, and the Vendor. 13. Conditions of Enforceability Against the City This Contract is only binding upon, and enforceable against, the City if: (1) the Contract is signed by the Mayor; (2) endorsed with approval by the City Auditor as to appropriation or availability of funds; (3) endorsed with approval by the City Solicitor as to form; and (4) funding is appropriated for this Contract or otherwise made available to the City. This Contract and payments hereunder are subject to the availability of an appropriation therefor. Any oral or written representations, commitments, or assurances made by any City representatives are not binding. Vendors should verify funding and contract execution prior to beginning performance. When the amount of the City Auditor’s certification of available funds is less than the face amount of the Contract, the City shall not be liable for any claims or requests for payment by Vendor which would cause total claims or payments under this Contract to exceed the amount so certified. The City’s Standard Contract Form and Standard Contract General Conditions shall supersede any conflicting verbal or written agreements or forms relating to the performance of this Contract, including contract forms, purchase orders, or invoices of the Vendor. The City shall have no legal obligation to compensate a Vendor for performance that is outside the scope of this Contract. The City shall make no payment prior to the execution of a Contract. 14. Taxes Purchases incurred by the City are exempt from Federal Excise Taxes and Massachusetts Sales Tax, and prices must exclude any such taxes. Tax Exemption Certificates will be furnished upon request. The City of Somerville's Massachusetts Tax Exempt Number is: MO46 001 414. 15. Independent Contractor The Vendor is an independent contractor and is not an employee, agent or representative of the City. The City shall not be obligated under any contract, subcontract, or commitment made by the Vendor. 16. Assignment; Sub-Contract The Vendor shall not assign, delegate, subcontract, or transfer this Contract or any interest herein, without the prior written consent of the City. 17. Discrimination The Vendor agrees to comply with all applicable laws prohibiting discrimination in employment. The Vendor agrees that it shall be a material breach of this Contract for the Vendor to engage in any practice which shall violate any provision of G.L. c. 151B, relative to discrimination in hiring, discharge, compensation or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex, sexual orientation, age, or ancestry. 18. Waiver All duties and obligations contained in this Contract can only be waived by written agreement. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to said party. 19. Severability In the event that any provision of this Contract shall be held to be illegal, unenforceable or void, such provision shall be severed from this Contract and the entire Contract shall not fail on account thereof, but otherwise remain in full force and effect and shall be enforced to the fullest extent permitted by law. 20. Notice The parties shall give notice in writing by one of the following methods: (i) hand-delivery; (ii) facsimile; (iii) certified mail, return receipt requested; or (iv) or overnight delivery service, to the Vendor at the contact information specified on the face of this Contract; to the City addressed to: Purchasing Director, Somerville City Hall, 93 Highland Avenue, Somerville, MA 02143, Fax # 617-625-1344 with a copy to: City Solicitor, City Hall, 93 Highland Avenue, Somerville, MA 02143. Notice shall be effective on the earlier of (i) the day of actual receipt, or (ii) one day after tender of delivery. 21. Captions The captions of the sections in this Contract are for convenience and reference only and in no way define, limit or affect the scope or substance of any section of this Contract. 22. Non-Collusion This Contract was made without collusion or fraud with any other person and was in all respects bona fide and fair. As used in this paragraph, the word, "person," shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity. The Vendor certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Approved 8/27/2015 - Page 4 of 4 23. Tax and Contributions Compliance The Vendor certifies, under pains and penalties of perjury, in accordance with MGL c. 62C, s. 49A, that the Vendor is in full compliance with all laws of the Commonwealth of Massachusetts relating to taxes, is in good standing with respect to all returns due and taxes payable to the Commonwealth, reporting of employees and contractors, and withholding and remitting of child support and to contributions and payments in lieu of taxes. In the event that the City is notified by the IRS that the TIN provided by the vendor and the vendor name as recognized by the IRS do not match their records, the vendor is responsible for all penalties. 24. Municipal Taxes, Charges and Liens The Vendor certifies that it has paid all accounts receivable owed to the City of Somerville, including but not limited to real estate, personal property or excise tax, parking fines, water/sewer charges, license/permit fees, fines and/or any other municipal lien charges due to the City of Somerville. Pursuant to MGL c. 60, s. 93, the Vendor agrees that the Collector/Treasurer of the City may withhold from amounts owing and payable to the Vendor under this Contract any sums owed to any department or agency of the City which remain wholly or partially unpaid. This shall include but not be limited to unpaid taxes and assessments, police details, and any other fees and charges until such sums owed have been fully paid, and the Collector/Treasurer may apply any amount owing and payable to the Vendor to satisfy any monies owed to the City. 25. Compliance with Applicable Laws The Vendor shall comply with all applicable federal and state laws, and city ordinances and regulations, which in any manner affect performance of this Contract. The Vendor shall defend, indemnify, and hold harmless the City, its officers, agents and employees against any claim or liability arising from or based on the violations of such ordinances, regulations or laws, caused by the negligent actions of the Vendor, its agents, employees or subcontractors. 26. Conflict of Interest The Vendor certifies that no official or employee of the City has a financial interest in this Contract or in the expected profits to arise therefrom, unless there has been compliance with the provisions of G. L. c. 43, § 27 (Interest in Public Contracts by Public Employees), and G. L. c. 268A (Conflict of Interest). The Vendor certifies that it has reviewed the Massachusetts Conflict of Interest Law, MGL c. 268A and at any time during the term of this Contract, the Vendor is required to affirmatively disclose in writing to the City the details of any potential conflicts of interest of which the Vendor has knowledge or learns of during the Contract term. 27. Licenses and Permits The Vendor certifies that it is qualified to perform the Contract and shall obtain and possess at its sole expense, all necessary licenses, permits, or other authorizations required by the City, the Commonwealth of Massachusetts or any other governmental agency, for any activity under this Contract. The Vendor shall submit copies of such licenses and/or permits to the City upon request If a business, the Vendor certifies that it is a duly organized and validly existing entity, licensed to do business in Massachusetts, in good standing in the Commonwealth of Massachusetts, with full power and authority to consummate the Contract, and listed under the Commonwealth of Massachusetts Secretary of State’s website as required by law. 28. Recordkeeping, Audit, and Inspection of Records All records, work papers, reports, questionnaires, work product, regardless of its medium, prepared or collected by the Vendor in the course of completing the work to be performed under this Contract shall at all times be the exclusive property of the City. In the event of termination or upon expiration of the Contract, the Contractor shall promptly deliver to the City all documents, work papers, calculations, data, drawings, plans, and other tangible work product or materials pertaining to the services performed under this Contract, in both a physical format and electronic format. The electronic format shall be either Comma Separated Values (CSV) files along with the mapping information for each field, or Microsoft SQL (2005/2008) database with all associated Database Schemas, or such other electronic format(s) acceptable to the city. At no additional cost to the City, the Contractor shall store and preserve such records while in their possession in accordance with the requirements of the Massachusetts Public Records Law, the Commonwealth of Massachusetts record retention schedule and City of Somerville record retention schedule. The City shall have the right to at reasonable times and upon reasonable notice to examine and copy, at its reasonable expense, the books, records, and other compilations of data of the Vendor which relates to the provision of services under this Contract. Such access shall include on-site audits, review, and copying of said records. 29. Debarment or Suspension The Vendor certifies that it has not been and currently is not debarred or suspended by any federal, state, or municipal governmental agency under G. L. c. 29, § 29F or other applicable law, nor will it contract with a debarred or suspended subcontractor on any public contract. 30. Warranties (Applicable to Goods Only) The Vendor warrants that (1) the goods sold are merchantable, (2) that they are fit for the purpose for which they are being purchased, (3) that they are absent any latent defects and (4) that they are in conformity with any sample which may have been presented to the City. The Vendor guarantees that upon inspection, any defective or inferior goods shall be replaced without additional cost to the City. The Vendor will assume any additional cost accrued by the City due to the defective or inferior goods. The Vendor guarantees all goods for a period of no less than one (1) year, unless a greater period of time is specified in the Contract Documents. Form:___ CITY OF SOMERVILLE Rev. 04/14/2022 Contract Number:________ Online at: https://www.somervillema.gov/departments/finance/procurement-and-contracting- services Page 1 of 3 SOMERVILLE LIVING WAGE ORDINANCE CERTIFICATION FORM CITY OF SOMERVILLE CODE OF ORDINANCES SECTION 2-397 et seq*. Instructions: This form shall be included in all Invitations for Bids and Requests for Proposals which involve the furnishing of labor, time or effort (with no end product other than reports) by vendors contracting or subcontracting with the City of Somerville, where the contract price meets or exceeds the following dollar threshold: $10,000. If the undersigned is selected, this form will be attached to the contract or subcontract and the certifications made herein shall be incorporated as part of such contract or subcontract. Complete this form and sign and date where indicated below on page 2. Purpose: The purpose of this form is to ensure that such vendors pay a “Living Wage” (defined below) to all covered employees (i.e., all employees except individuals in a city, state or federally funded youth program). In the case of bids, the City will award the contract to the lowest responsive and responsible bidder paying a Living Wage. In the case of RFP’s, the City will select the most advantageous proposal from a responsive and responsible offeror paying a Living Wage. In neither case, however, shall the City be under any obligation to select a bid or proposal that exceeds the funds available for the contract. Definition of “Living Wage”: For this contract or subcontract, as of 7/1/2022 “Living Wage” shall be deemed to be an hourly wage of no less than $15.96 per hour. From time to time, the Living Wage may be upwardly adjusted and amendments, if any, to the contract or subcontract may require the payment of a higher hourly rate if a higher rate is then in effect. CERTIFICATIONS 1. The undersigned shall pay no less than the Living Wage to all covered employees who directly expend their time on the contract or subcontract with the City of Somerville. 2. The undersigned shall post a notice, (copy enclosed), to be furnished by the contracting City Department, informing covered employees of the protections and obligations provided for in the Somerville Living Wage Ordinance, and that for assistance and information, including copies of the Ordinance, employees should contact the contracting City Department. Such notice shall be posted in each location where services are performed by covered employees, in a conspicuous place where notices to employees are customarily posted. 3. The undersigned shall maintain payrolls for all covered employees and basic records relating hereto and shall preserve them for a period of three years. The records shall contain the name and address of each employee, the number of hours worked, the gross wages, a copy of the social *Copies of the Ordinance are available upon request to the Procurement & Contracting Services Department. https://www.somervillema.gov/departments/finance/procurement-and-contracting-services https://www.somervillema.gov/departments/finance/procurement-and-contracting-services Form:___ CITY OF SOMERVILLE Rev. 04/14/2022 Contract Number:________ Online at: https://www.somervillema.gov/departments/finance/procurement-and-contracting- services Page 2 of 3 security returns, and evidence of payment thereof and such other data as may be required by the contracting City Department from time to time. 4. The undersigned shall submit payroll records to the City upon request and, if the City receives information of possible noncompliance with the provisions the Somerville Living Wage Ordinance, the undersigned shall permit City representatives to observe work being performed at the work site, to interview employees, and to examine the books and records relating to the payrolls being investigated to determine payment of wages. 5. The undersigned shall not fund wage increases required by the Somerville Living Wage Ordinance by reducing the health insurance benefits of any of its employees. 6. The undersigned agrees that the penalties and relief set forth in the Somerville Living Wage Ordinance shall be in addition to the rights and remedies set forth in the contract and/or subcontract. CERTIFIED BY: Signature: _________________________________ (Duly Authorized Representative of Vendor) Title: ______________________________ Name of Vendor:_________________________________________ Date: ____________________________ https://www.somervillema.gov/departments/finance/procurement-and-contracting-services https://www.somervillema.gov/departments/finance/procurement-and-contracting-services Form:___ CITY OF SOMERVILLE Rev. 04/14/2022 Contract Number:________ Online at: https://www.somervillema.gov/departments/finance/procurement-and-contracting- services Page 3 of 3 INSTRUCTIONS: PLEASE POST NOTICE TO ALL EMPLOYEES REGARDING PAYMENT OF LIVING WAGE Under the Somerville, Massachusetts’ Living Wage Ordinance (Ordinance No. 1999-1), any person or entity who has entered into a contract with the City of Somerville is required to pay its employees who are involved in providing services to the City of Somerville no less than a “Living Wage”. The Living Wage as of 7/1/2022 is $15.96 per hour. The only employees who are not covered by the Living Wage Ordinance are individuals in a Youth Program. “Youth Program” as defined in the Ordinance, “means any 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 any other related seasonal or part-time program.” For assistance and information regarding the protections and obligations provided for in the Living Wage Ordinance and/or a copy of the Living Wage Ordinance, all employees should contact the City of Somerville’s Procurement & Contracting Services Department directly. https://www.somervillema.gov/departments/finance/procurement-and-contracting-services https://www.somervillema.gov/departments/finance/procurement-and-contracting-services Form:___ CITY OF SOMERVILLE Rev. 08/01/12 Contract Number:________ Online at: www.somervillema.gov/purchasing Page 1 of 1 Non-Collusion Form and Tax Compliance Certification Instructions: Complete each part of this two-part form and sign and date where indicated below. A. NON-COLLUSION FORM I, the undersigned, hereby certify under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Signature: _________________________________ (Individual Submitted Bid or Proposal) Duly Authorized Name of Business or Entity:_________________________________________ Date: ____________________________ B. TAX COMPLIANCE CERTIFICATION Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support, as well as paid all contributions and payments in lieu of contributions pursuant to MGL 151A, §19A(b). Signature: _________________________________ (Duly Authorized Representative of Vendor) Name of Business or Entity:_________________________________________ Social Security Number or Federal Tax ID#:___________________________ Date: ____________________________ http://www.somervillema.gov/purchasing� Form:___ CITY OF SOMERVILLE Rev. 08/01/12 Contract Number:________ Online at: www.somervillema.gov/purchasing Page 1 of 1 Certificate of Authority (Corporations Only) Instructions: Complete this form and sign and date where indicated below. 1. I hereby certify that I, the undersigned, am the duly elected Clerk/Secretary of _______________________________________________________________________. (Insert Full Name of Corporation) 2. I hereby certify that the following individual _________________________________ (Insert the Name of Officer who Signed the Contract and Bonds) is the duly elected___________________________________ of said Corporation. (Insert the Title of the Officer in Line 2) 3. I hereby certify that on ___________________________________ (Insert Date: Must be on or before Date Officer Signed Contract/Bonds) at a duly authorized meeting of the Board of Directors of said corporation, at which a quorum was present, it was voted that ______________________________ ______________________________ (Insert Name of Officer from Line 2) (Insert Title of Officer from Line 2) of this corporation be and hereby is authorized to make, enter into, execute, and deliver contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. 4. ATTEST: Signature: _____________________________ AFFIX CORPORATE SEAL HERE (Clerk or Secretary) Printed Name: _________________________ Printed Title:___________________________ Date: ____________________________ (Date Must Be on or after Date Officer Signed Contract/Bonds) http://www.somervillema.gov/purchasing� Form:___ CITY OF SOMERVILLE Rev. 08/01/12 Contract Number:________ Online at: www.somervillema.gov/purchasing Page 1 of 1 Certificate of Authority (Limited Liability Companies Only) Instructions: Complete this form and sign and date where indicated below. 1. I, the undersigned, being a member or manager of _______________________________________________________________________, (Complete Name of Limited Liability Company) a limited liability company (LLC) hereby certify as to the contents of this form for the purpose of contracting with the City of Somerville. 2. The LLC is organized under the laws of the state of: _______________. 3. The LLC is managed by (check one) a Manager or by its Members. 4. I hereby certify that each of the following individual(s) is: • a member/manager of the LLC; • duly authorized to execute and deliver this contract, agreement, and/or other legally binding documents relating to any contract and/or agreement on behalf of the LLC; • duly authorized to do and perform all acts and things necessary or appropriate to carry out the terms of this contract or agreement on behalf of the LLC; and • that no resolution, vote, or other document or action is necessary to establish such authority. Name Title 5. Signature:__________________________________________ Printed Name: __________________________________________ Printed Title:____________________________________________ Date: ____________________________ http://www.somervillema.gov/purchasing� REFERENCE FORM Bidder: BID#/ Title: Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:____________________ __________________________________________ Email:_____________________ Description and date(s) of supplies or services provided:_______________________ ____________________________________________________________________ ____________________________________________________________________ Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:____________________ __________________________________________ Email:______________________ Description and date(s) of supplies or services provided:________________________ _____________________________________________________________________ _____________________________________________________________________ Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:_____________________ __________________________________________ Email:______________________ Description and date(s) of supplies or services provided:________________________ _____________________________________________________________________ _____________________________________________________________________ SOMERVILLE SUPPLIER DIVERSITY CERTIFICATION FORM Background The City of Somerville is an equal opportunity employer and encourages businesses to apply to work with the City that are representative of the City’s diverse community. In an effort to increase the opportunities for disadvantaged and small businesses within Somerville and surrounding communities, the City recognizes Massachusetts’ Operational Services Division’s Supplier Diversity Office certification program. Application Process Applicable parties may learn more about the Commonwealth’s supplier diversity certification process and apply here https://www.mass.gov/supplier-diversity-office. During the certification process, which takes approximately 30 days, the SDO investigates applicant companies to make sure they meet applicable legal requirements. Under SDO regulations, the applicant firm must prove it is at least 51% owned and dominantly controlled by adult minority, women, Portuguese, or veteran principals who are U.S. citizens or lawful permanent residents. Firms also must be ongoing and independent. Certifications Check all those that apply: □ Minority Business Enterprises (MBE) □ Women Business Enterprises (WBE) □ Veteran Business Enterprises (VBE) □ Portuguese Business Enterprises (PBE) □ Other ________________________________ The undersigned certifies that the applicant has received certification from the Massachusetts Supplier Diversity Office for the SDO category/categories listed above and has provided the City of Somerville with a copy of the SDO certification letter. CERTIFIED BY: Signature: _________________________________ (Duly Authorized Representative of Vendor) Title: ______________________________ Name of Vendor:_________________________________________ Date: ____________________________ https://www.mass.gov/supplier-diversity-office SOMERVILLE ORDNINANCE TO SAFEGUARD VULNERABLE ROAD USERS CITY OF SOMERVILLE CODE OF ORDINANCES ARTICLE VIII, SEC. 12-117 et seq. ___________________________________________________________________________ Prospective contractors must familiarize themselves with the City of Somerville’s Ordinance to Protect Vulnerable Road Users. The full text of this local law can be found here. 1. Request for Inspection: Inspections are conducted on Thursdays from 4pm-7pm at the Somerville Department of Public Works, located at 1 Franey Road. Each inspection takes approximately 20 minutes. a. Any vendor covered by this Ordinance shall complete an inspection request form and email it to fleetinspections@somervillema.gov. b. Please submit request form no later than 3pm on the Tuesday before the requested inspection date. 2. Fee: The fee for the initial inspection is $100. The fee for a renewal inspection (every two years) is $50. a. Payment of the fee is due upon scheduling of the inspection. The fee can be paid via check or credit card. Checks should be made out to the City of Somerville and include the vendor’s phone number. 3. Approval: Vehicles inspected and approved by the Fleet Division will have an inspection approval sticker affixed to the windshield of the vehicle. A copy of the inspection report and certificate of inspection shall be issued to the vendor. a. Inspection stickers are not transferable. b. Any major overhaul of safeguard equipment shall be required to be re-inspected. 4. Rejection: If a vehicle is rejected for failing to comply with any of the technical specifications outlined in the ordinance, it shall be corrected and henceforth re-inspected within 30 days at no additional fee. a. If a second inspection results in a rejection, a fee of $50 will be required for any subsequent inspections. b. Any vendor who fails to comply within 60 days of their first inspection may be subject to having their contract cancelled. 5. Questions: Please direct questions about vehicle inspections to Department of Public Works, at: fleetinspections@somervillema.gov or call 617-625-6600 ext. 5100 Acknowledgement In accordance with Sec. 12-119 “Requirements” in the Ordinance, bidders must sign the following: Unless certified that the Ordinance is not applicable to this contract or otherwise waived by the City, I acknowledge that my company has installed (or will install prior to commencing work for the contract) side guards, cross-over mirrors or equivalent blind spot countermeasures, convex mirrors or equivalent blind spot countermeasures, side-visible turn signals, and appropriate warning signage, in accordance with SCO Chapter 12, Article VII on all large vehicles it uses or will use within the City of Somerville in connection with any contract. Authorized Signatory’s Name Date Company Name I certify that the Ordinance does not apply to this contract for the following reason: □ Vehicles do not meet or exceed Class 3 GVWR □ Vehicles do not exceed 15 MPH □ No vehicles on project □ Other: Lateral Protective Devices (Side Guards) • Vehicles must have device installed between the front & rear wheels to help prevent injuries to vulnerable road users, particularly from falling underneath the vehicle. Side-Visible Turn Signals • Vehicles must have at least one turn signal lamp on each side of the vehicle that is visible from any point to the left and right side along the full length of the vehicle. Safety Decals • Vehicles must have a minimum of three reflective decals on the rear and sides. • The decals must be “safety yellow” in color and include language or images that warn of blind spots. ORDINANCE REQUIREMENTS What types of vehicles does this ordinance apply to? This ordinance applies to Class 3 or above vehicles with a gross vehicle weight rating exceeding 10,000 lbs., except for an ambulance, fire apparatus, low-speed vehicle with max speed under 15 mph, or agricultural tractors. Can tool boxes be used as side guards? Yes, as long as the tool box meets all of the required measurements in the ordinance. If i rent trucks for a job, do those vehicles need to be inspected and permitted? Yes. Do subcontractors’ trucks working on a City contract need to be inspected & permitted? Yes. Will the City do an off-site inspection for larger fleets? Yes, depending on the availability of inspectors and the distance to the site. COMMON QUESTIONS Register for an Inspection Email inspection forms to: FleetInspections@SomervilleMA.gov Questions about inspections? Please contact the Fleet Superintendent, Ron Bonney, at: RBonney@SomervilleMA.gov or (617) 625-6600, ext. 5524 Cross-Over Mirrors • Vehicles must have mirrors that enable the driver to see anything at least three feet tall passing one foot in front of the vehicle and the area in front of the bumper where direct vision is not possible. Convex Mirrors • Vehicles must have mirrors which enable the driver to see anything that is three feet above the road and one foot in feet of or along side of the vehicle. swackman Text Box TRUCK SIDE GUARD ORDINANCE Collisions with large vehicles are disproportionately likely to result in cyclist and pedestrian fatalities. The City of Somerville’s Ordinance to Safeguard Vulnerable Road Users aims to prevent cyclists and pedestrians from the risk of being struck by a large vehicle because of limited driver visibility and lack of side-visible turn signals, as well as falling under the sides of large vehicles and being caught under the wheels. The ordinance applies to large motor vehicles that are Class 3 or above with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds, except for an ambulance, fire apparatus, low-speed vehicle with a maximum speed under 15 mph, or an agricultural tractor. safety guard CITY OF SOMERVILLE side guard placement Questions about inspections? Please contact the Fleet Superintendent, Ron Bonney, at: RBonney@SomervilleMA.gov or (617) 625-6600, ext. 5524. swackman Text Box Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. P ri nt o r ty p e. S ee S p ec ifi c In st ru ct io ns o n p ag e 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number – – or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶ Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) Page 2 By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if yo