Title: Paving Mix, Hot Winter / DPWP
| Agency: | City of Worcester |
|---|---|
| State: | Massachusetts |
| Type of Government: | State & Local |
| Category: |
|
| Posted: | Nov 20, 2023 |
| Due: | Dec 13, 2023 |
| Solicitation No: | CR-8116-W4 |
| Publication URL: | To access bid details, please log in. |
Bid Number
CR-8116-W4
Title
Paving Mix, Hot Winter / DPWP
Industry
Public Works Products and Services
Open Date
11/20/2023
Close Date
12/13/2023 10:00 AM
Comments
Scope: furnish and deliver hot winter paving mix for a one year period per the attached requirements and specifications of DPWP.
Standard Form(s)
Plan Holder(s)*
Bid Results
Awardee(s)
× Christopher Gagliastro, Purchasing Director
Email:
gagliastroc@worcesterma.gov
Phone: 508-799-1224
Fax: 508-799-1203
Phone: 508-799-1224
Fax: 508-799-1203
View Buyer's Commodities List
*APPLIES TO CONSTRUCTION BIDS ONLY - All City of Worcester bids are available for downloading from the City of Worcester website with no required registration process. As a result, the City accepts no responsibility for the accuracy of plan holder lists issued.
Attachment Preview
PURCHASING DIVISION
CITY OF WORCESTER
MASSACHUSETTS 01608-1895
ROOM 201 - CITY HALL 455 MAIN ST
PHONE (508) 799-1220
SEALED BID INVITATION
(Supplies, Material, Equipment, Services)
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
SEALED BID NO. CR-8116-W4
DATE: November 20, 2023
CITY OF WORCESTER
Christopher J. Gagliastro, MCPPO
Purchasing Agent
BUYER: Chris Gagliastro
NOTICE TO BIDDERS
TERMS AND CONDITIONS
All bids are subject to the terms and conditions and specificity herein set forth except where specifically deleted by the City
of Worcester in Section No. 6 below.
COMPLETE ORIGINAL COPY (including ALL pages) OF THIS BID MUST BE SUBMITTED IN A SEALED
ENVELOPE:
DATE:
December 13, 2023
TIME: 10:00 A.M. LOCAL TIME
PLACE:
Purchasing Division, Room 201, City Hall, Worcester, Massachusetts
MARK SEALED ENVELOPE "Sealed Bid No. CR-8116-W4, Paving Mix, Hot Winter / DPW & P"
The name and address of the bidder must appear in the upper left hand corner of the envelope. The City of Worcester is not
responsible for bids not properly marked.
GENERAL
1. This Bid Invitation covers: provide hot winter paving mix for the Department of Public Works & Parks for the period
of January 7, 2024 through January 6, 2025 as per the attached requirements and specifications of the City of
Worcester Department of Public Works & Parks.
2. A certified check or bid bond made payable to the “City Treasurer, City of Worcester” in the Amount of
$____N/A_______ must accompany this bid.
3. All bids received will be publicly opened and read in the Bid Room at City Hall at date and time shown above.
NO BID WILL BE ACCEPTED AFTER TIME AND DATE SPECIFIED
4. A performance bond in the amount of $___N/A________ of the total dollar award is required.
5. A payment bond in the amount of $______N/A_______ of the total dollar award is required.
6. All terms and conditions are applicable to this proposal except the following section numbers which are hereby
deleted from this invitation: all apply____
7. Questions pertaining to this bid must be directed to Chris Gagliastro via email at
gagliastroc@worcesterma.gov
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 1 of 11
8. The following meanings are attached to the defined words when used in this bid form.
(a) The word “City” means The City of Worcester, Massachusetts.
(b) The word “Bidder” means the person, firm or corporation submitting a bid on these specifications or any
part thereof.
(c) The word “Contractor” means the person, firm or corporation with whom the contract is made by
carrying out the provisions of these specifications and the contract.
(d) The words “Firm Price” shall mean a guarantee against price increases during the life of the contract.
9. Any prospective bidder requesting a change in or interpretation of existing specifications of terms and conditions
must do so within five (5) days (Saturdays, Sundays and Holidays excluded) BEFORE scheduled bid opening date.
All requests are to be in writing to the Purchasing Division (or e-mailed at: gagliastroc@worcesterma.gov ). No
changes will be considered or any interpretation issued unless the request is in our hands within five (5) days
(Saturdays, Sundays and Holidays excluded) BEFORE scheduled bid opening date.
10. The contractor will be required to indemnify and save harmless the City of Worcester, for all damages to life and
property that may occur due to his negligence or that of his employees, subcontractors, etc., during this contract.
11. The Contract Agreement will be in the form customarily employed by the City of Worcester and is on file in the
Purchasing Division at City Hall.
12. Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be
rejected as informal by the Purchasing Agent. Conditional bids will not be accepted.
13. The Bidder must certify that no official or employee of the City of Worcester, Massachusetts is pecuniarily
interested in this proposal or in the contract which the bidder offers to execute or in expected profits to arise
therefrom, unless there has been compliance with provisions of G.L. C. 43 Sec. 27, and that this bid is made in good
faith without fraud or collusion or connection with any other person submitting a proposal.
14. As the City of Worcester is exempt from the payment of Federal Excise Taxes and Massachusetts Sales Tax, prices
quoted herein are not to include these taxes.
15. All prices are to be firm F.O.B. Destination, City of Worcester, Massachusetts, unless otherwise indicated by the
City. Time reserved for award is ninety days.
16. In case of error in the extension prices quoted herein, the unit price will govern.
17. It is understood and agreed that should any price reductions occur between the opening of this bid and delivery of
any order, the benefit of all such reductions will be extended to the City.
18. The City of Worcester reserves the right to reject any and all bids, wholly or in part, and to make awards in a
manner deemed in the best interest of the City.
19. Awards will be made to the bidder quoting the lowest net price in accordance with the specifications.
20. The supplier will be bound by all applicable statutory provisions of law of the Federal Government, the
Commonwealth of Massachusetts, the City of Worcester, and the Department of Public Safety of the
Commonwealth of Massachusetts.
21. Any bid withdrawn after time and date specified, the bidder shall forfeit deposit on bid as liquidated damages.
22. The contractor will not be permitted to either assign or underlet the contract, not assign either legally or equitably
any monies hereunder, or its claim thereto without the previous written consent of the City Treasurer and of the
Purchasing Agent of the City of Worcester.
23. If this bid shall be accepted by the City, and the bidder shall fail to contract as aforesaid and to give a bond in the
amount as specified in Section 4, within ten (10) days, (not including Sunday or a legal Holiday) from the date of
the mailing of a notice from the City to him/her, according to the address given herewith, that the contract is ready
for signature, the City may by option determine that the bidder has abandoned the contract and thereupon the
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 2 of 11
proposal and acceptance shall be null and void and the bid security accompanying this proposal shall become the
property of the City as liquidated damages.
24. When quoting, the bidder shall submit a signed copy of this bid form, and if bid accepted by the City shall
constitute part of the contract of purchase. Do not detach any part of this form 30B (Sealed Bid Goods & Services)
when submitting a bid. Bidder must sign and return complete form 30B (Sealed Bid Goods & Services).
25. If in the judgment of the Purchasing Agent any property is needlessly damaged by an act or omission of the
contractor or his/her employees, servants or agent, the amount of such damages shall be determined by the
Purchasing Agent of the City of Worcester and such amount shall be deducted from any money due the contractor
or may be recovered from said contractor in actions at law.
26. It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents and/or Acts of God.
INSURANCE AND WORKER’S COMPENSATION
27. COMMERCIAL GENERAL LIABILITY INSURANCE: Contractor to supply the City of Worcester with
certificates of insurance evidencing general liability coverage of not less than $ 1,000,000.00 per occurrence / $
2,000,000.00 aggregate.
28. AUTOMOBILE LIABILITY INSURANCE: Contractor to supply the City of Worcester with certificates of
insurance evidencing automobile liability coverage, bodily injury and property damage combined single limit, of $
1,000,000.00 (all owned, hired, and non-owned autos).
29. COMPENSATION INSURANCE: The contractor shall furnish the City of Worcester with certificates showing that
all of his/her employees who shall be connected with this work are protected under statutory worker’s compensation
insurance policies.
30. The Contractor shall carry public liability insurance with an insurance company satisfactory to the City so as to save
the City harmless from any and all claims for damages arising out of bodily injury to or death of any person or
persons, and for all claims for damages arising our of injury to or destruction of property caused by accident
resulting from the use of implements, equipment or labor used in the performance of the contractor or from any
neglect, default or omission, or want of proper care, or misconduct on the part of the Contractor or for anyone of his
employ during the execution of the contract.
31. Prior to starting on this contract, the Contractor shall deposit with the Contracting Officer certificates from the
insurer to the effect that the insurance policies required in the above paragraphs have been issued to the Contractor.
The certificates must be on a form satisfactory to the Purchasing Agent.
32. Except as may otherwise be stated herein, the Contractor shall also carry bodily injury and property damage
insurance in an amount not less than those set forth above covering the operation of all motor powered vehicles
owned or operated by the Contractor and engaged in this contract.
DISCOUNT
33. Prompt Pay discounts will be considered when determining the low bid except when discounts are for a period of
less than 30 days. In this event prompt pay discounts will not be taken into consideration when determining low bid.
34. Time, in connection with discount offered, will be computed from date of completion and/or delivery and
acceptance at destination, or from date correct bill or voucher properly certified by the contract is received if the
latter date is later than the date of completion and acceptance and/or delivery and acceptance.
GUARANTEE
35. The bidder to who a contract is awarded guarantees to the City of Worcester all equipment, materials and or
workmanship for a period of one (1) year after final inspection and acceptance and shall replace promptly any
defective equipment, materials and/or workmanship required without additional cost to the City.
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 3 of 11
DELIVERIES AND COMPLETION
36. It is understood and agreed that in the event of failure on the part of the bidder to indicate date of delivery and/or
completion, delivery and/or completion will be made within twelve (12) days from date of notification. Should the
successful bidder fail to make delivery or complete contract within time specified, the City reserves the right to
make the purchase on such orders at the open market and charge any excess over contract price to the account of the
successful bidder, who shall pay the same.
37. The contractor shall familiarize himself with the location and facilities for storage.
38. The City through its Purchasing Division reserves the right to divert delivery from one location to another, and to
allow for any change in operating conditions or for any other cause not now foreseen and to proportion deliveries
according to available storage facilities.
SAMPLING AND ANALYSIS
39. Each bidder must state the commercial name of the product quoted, name, and address of operator or agent from
whom the product will be purchased and in addition shall furnish an analysis of the product, date of analysis, by
whom made and their address.
40. Samples of the product to be delivered may be taken by a representative of the City, either prior to delivery or while
it is being delivered in the storage facilities at destination, or will be taken from the storage facilities to which the
product has been delivered as determined from time to time by the Purchasing Agent. Bidder agrees to furnish the
necessary manual labor, without additional cost required to assemble the physical samples, which is to be performed
under the direction of the City representative.
41. The representative of the City taking the samples shall be given the opportunity, while sampling, to affix his or her
signature to the delivery slip each item represented in his/her sample.
42. Any product after the sampling and analysis, not found meeting the requirements of the contract shall be sufficient
cause for the cancellation of the contract at the option of the Purchasing Agent.
43. If any product is found that does not meet the analysis submitted by the bidder in his/her proposal, the Purchasing
Agent may, at his or her option, exercise his/her right to reject the product and require that all or any part thereof
shall be removed promptly by and at the expense of the contractor and replace it forthwith with a product
satisfactory to the Purchasing Agent, or to retain the product and compensate the contractor in an amount as
determined by the Purchasing Agent and the City Manager.
44. It is understood and agreed that it shall be a material breach of any contract resulting from this bid for the
Contractor to engage in any practice which shall violate any provisions of Massachusetts General Laws, Chapter
151B, relative to discrimination in hiring, discharge, compensation, or terms, conditions or privileges of
employment because of race, color, religious creed, national origin, sex, age or ancestry.
45. The undersigned as bidder, declares that the only parties interested in this proposal as principals are named herein;
that this proposal is made without collusion with any other person, firm or corporation, that no officer or agent of
the City is directly or indirectly interested in this bid; and he/she proposes and agrees that if this proposal is
accepted he/she will contract with the City in accordance with the specifications, also the terms and conditions as
spelled out in this bid form.
46. No Person, including but not limited to corporations, partnerships, limited partnerships or limited liability
corporations, shall be eligible to receive a contract under this invitation to bid and/or requires for proposal if that
person has been convicted of any felony offense involving the distribution of controlled substances as that term is
defined under Chapter 94C of the General Laws and, for contracts to be performed for on-site services to the
Worcester Public Schools, if that person or any person to be employed by that person in the performance of such
on-site services has been convicted of a “sex offense” or a “sex offense involving a child” or a “sexually violent
offense” or would meet the definition of “sexually violent predator” as those terms are defined in Section 178C of
the General Laws and who must register with the sex offender registry board.
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 4 of 11
47. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ
for work or services relating to this contract any unfit person or anyone not skilled in the task assigned to him. In
light of the fact that the performance of this contract requires the Contractor and its employees to have significant
interaction with the public, the Contractor shall require all employees who may perform services under this contract
to conduct themselves in a courteous, professional manner. If the Contractor is notified by the Contract Officer that
any person engaged upon the work is incompetent, unfaithful, disorderly, discourteous, or otherwise unsatisfactory,
then such person shall be discharged from providing services or work pursuant to this contract. Without limiting
the generality of the foregoing, intimidation, threats and/or violent conduct of any kind or nature directed to
members of the public are absolutely prohibited. Failure to comply with this requirement shall be grounds for
termination of the contract.
48. The Contractor’s performance may be evaluated on an ongoing basis including but not limited to consideration of
complaints received from members of the public. In order to facilitate this evaluation, the Contractor shall provide
the City with documents and records upon request. The Contractor shall further obtain from its employees
authorization that appropriate City personnel may obtain all available criminal offender information (“CORI”) from
the Criminal History Systems Board. A high number of unresolved complaints, any number of complaints that are
particularly severe, or employment of individuals who have been convicted or assault or other violent crimes shall
be grounds for the early termination or non-renewal of the contract by the City.
49. The procurement officer shall award the contract to the lowest responsible and responsive bidder. The term
“responsible bidder” means “a person who has the capability to perform fully the contract requirements, and the
integrity and reliability which assures good faith performance.” Consistent with its duty to maintain public order
and promote public safety, the City has determined that this contract is of a type and nature so as to be particularly
sensitive due, at least in part, to the contractor’s inherent access and dealings with the members of the general
public. Therefore, the City has concluded that additional scrutiny is justified as it determines whether a particular
bidder is responsible, having the integrity and reliability to properly perform the requested services. This may entail
consideration of the contractor’s system of oversight, training and supervision of its employees, including but not
limited to its requirement of a high standard of customer service and courtesy in its dealings with the public. The
bidder’s care and diligence in hiring and assigning its employees will also be considered. In making its
determination, the City reserves the right to examine any and all information at its disposal, including but not
limited to prior City contracts, the experiences and information obtained from current and former customers
(whether identified by the bidder as references or not), as well as other sources available to the City, including but
not limited to court documents, newspapers, financial reports (such as DUNS), and certain police data and reports.
50. The Contractor, acting through its owner(s) or any of its employees, or its agents or sub-contractors and any of their
employees, shall not engage in any behavior, whether during the course of its duties under this contract or at any
other time, that is illegal, criminal or otherwise shocking or offensive to the general public. The determination
whether any particular behavior is illegal, criminal or shocking to the general public shall rest in the sound judgment
of the Contracting Officer or the City Manager. In making such determination, the Contracting Officer or the City
Manager shall apply the general standards of the community. No criminal conviction or formal charges shall be
required to make such determination. Such behavior need be something more than trivial and something which
would cause the general public to have concerns either about the safety of individuals coming in contact with the
Contractor or about the character and integrity of the individuals with which the City does business. Violation of
this provision shall be grounds for immediate and unilateral termination of this contract by the City upon five days’
notice as otherwise provided herein
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 5 of 11
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