6314 - ITB Publish2.pdf

City of Woonsocket

SUPPLY OF DRAINAGE PIPES

BID No. 6314

Prepared By:

City of Woonsocket

Department of Public Works April 2025

Supply of Drainage Pipe, Bid No. 6214

CITY OF WOONSOCKET, RHODE ISLAND

INVITATION TO BID FOR:

“SUPPLY OF DRAINAGE PIPES”

BID No. 6314

Department of Public Works

City of Woonsocket invites sealed bids, from prospective bidders, for the above-referenced project.

Bid Opening: Bids must be physically received at Woonsocket City Hall, Office of Purchasing, 169 Main

Street, Woonsocket, RI 02895 or uploaded electronically on “BidNet” before 2:00 p.m. on May 13, 2025.

At 2:15 p.m. on the afore-mentioned date, sealed bids will be publicly opened and all bids will be read aloud in Harris Hall, located on the 3rd floor of City Hall. Bids may be viewed in person immediately upon the conclusion of the bid opening or accessed electronically on the internet via BidNet.

Bid Submissions: Bids may be prepared and submitted electronically or physically. Electronic submissions must follow the instructions online on BidNetdirect.com.

All submissions must use the form versions and templates included in this solicitation. If you have an old version of a form, do not recycle it for use. All documents must be either typed or legibly printed in blue or black ink, then signed and dated. Physical bids must be submitted in duplicate, placed in a sealed envelope and identified with the following information: “Supply of Drainage Pipes, Bid No. 6314” including the name of the company submitting the bid. (A Sealed Bid Label is attached for your use)

*Failure to meet specified deadlines, follow specific submission instructions, enclose all required documents or appropriately signed & dated, will result in the bid being disqualified.

Project Components: The work generally includes, but is not limited to the following:

furnish all labor, equipment, materials, tools, supplies, mobilization, transportation, overhead items and all other incidental items to supply drainage pipe to the City of Woonsocket, Rhode Island.

Project Timeline: The awarded contract will become effective from the date of the award and remain in full force and effect for a period of 12 twelve months.

Questions: Questions regarding this solicitation should be submitted via email to Ken Allaire, Purchasing

Agent, at kaallaire@woonsocketri.gov. The deadline to submit questions is May 6, 2025, prior to 4:30 p.m. Answers will be published online by the City in the form of an Addendum. Any questions submitted after the deadline may not be considered. Do not contact any other City employee or official regarding this solicitation.

Bid Review Period: The bid review period is considered to be sixty (60) working days from the date and time of the bid opening. During the bid review period, no bidder may withdraw their bid. In addition, all bid proposals are considered, and will remain firm, unless stated otherwise. Requests for price increases during this period will not be accepted.

mailto:kaallaire@woonsocketri.org

Rejection of Bids: The City reserves the right to cancel this ITB, award on the basis of cost alone, accept or reject any or all bids, in whole or in part. The City further reserves the right to waive as informality any irregularities contained in any bid not affecting substantial rights that may be in the City’s best interest. Bids found to be technically or substantially nonresponsive at any point in the review process will be rejected and not considered further. Any such decision will be considered final.

Bid Award: Upon selection of a winning contractor, the City of Woonsocket will send an award notice to the awardee. The award notice will identify a point of contact from the City who will assist the awardee in completing any pre-work requirements. Upon satisfactory meeting all of the obligations of the pre-wok requirements, the City of Woonsocket will issue a “Notice to Proceed” for work to commence.

Individuals requesting interpreter services for the hearing impaired should call the Finance Director at

401-762-6400 seventy-two (72) hours in advance of the bid opening deadline.

Thank you for your consideration of this invitation to bid and your participation in the sealed bid process.

Published: April 23, 2025

Kenneth Allaire, Purchasing Agent

BID TERMS

1. Financial assurances may be required in order to be a responsive bidder for Commodity. If either of the first two boxes below are checked, the specified assurance must be included with the bid submission, or the bid will not be considered by the City of Woonsocket.

Certified Check:

In the dollar amount ($) shown must be included in the bid submission as a guarantee that a contract will be signed and delivered by the bidder.

Bid Bond or Certified Check:

In the per centum (%) shown of the proposed total price must be included in the bid submission as a guarantee that a contract will be signed and delivered by the bidder;

The amount of such bid bond or certified check will be retained for the use of the City as liquidated damages in case of default.

Any person signing a bid bond as an attorney-in fact must include a power of attorney with the bid bond.

2. If any of the boxes below are checked, this indicates the most reasonable, responsive bidder will be contacted and must be addressed prior to a contract being awarded or work commencing.

Performance & Payment Bond:

These bonds with a satisfactory surety company must be submitted by the bidder at a sum equal to the per centum of the awarded contract as show.

Prevailing Wages:

In accordance with RI General Law 37-13-7 contracts in excess of $1,000 shall require compensation based on prevailing wages for construction, alteration and/or repair, painting and decorating.

Certified Payroll:

Part of a federally funded construction project that exceeds $2,000.

Certificate of Liability Insurance:

In a form and in an amount required by the City. See Section 25, Table A of Contract Terms and Conditions for minimum coverage requirements.

City of Woonsocket must be named as the “Certificate Holder”

Worker’s Compensation:

Prior to commencing performance under the contract, the successful bidder shall attest to compliance with the provisions of the Rhode Island Worker’s Compensation Act, RIGL 28- 29-1, et seq.

If your Certificate of Liability Insurance Includes coverage for “Workers Compensation & Employers Liability” then

DO NOTHING.

If your Certificate of Liability Insurance Does Not Include coverage for “Workers Compensation & Employers Liability” then you must fill out and submit form DW-11-IC “Notice of Designation as Independent Contractor.”

X No Financial Assurances are required for this solicitation.

Sealed Bid Label

Cut along the outer border and affix this label to your sealed solicitation envelope to identify it as a “Sealed Bid”.

Sealed Bid Documents – DO NOT OPEN

BID NO.: 6314

BID TITLE: SUPPLY OF DRAINAGE PIPES

DUE DATE MAY 13, 2025

TIME DUE: Prior to: 2:00 p.m.

SUBMITTED BY:

(Name of Company)

DELIVER TO: Woonsocket City Hall Office of Purchasing 169 Main St.

Woonsocket, RI 02895

*Notice: The Date Due and Time Due as stated on this label and other forms contained herein may have been updated vis issuance of Addenda against this project. It is the sole responsibility of the Contractor/Vendor to monitor website postings regularly for any updates to the Due Date or Time Due via Addenda. This label nor other original forms may not be updated. Contractor/Vendor may strike through and update the Due Date or Time Due at their discretion to match any updates to these date that have been published via addenda.

Submissions received after the Due Date and Time Due will not be accepted at the sole discretion of the Purchasing Agent.

Supply of Drainage Pipe, Bid No. 6214 5 of 49

CITY OF WOONSOCKET

INFORMATION TO BIDDERS

Preamble

The City of Woonsocket’s Purchasing Office may, from time to time, make updates to the information contained herein when the Purchasing Agent determines that the bidding environment has changed and the modifications are in the best interest of the City of Woonsocket to keep up with current trends and does not require a formal public notice or hearing. Updated versions will be available online or in the Purchasing Office located in Woonsocket City Hall.

1. PROPOSAL FORMS & DOCUMENTS

All Proposal documents for the City of Woonsocket can be accessed for free on the Bidnet website. In addition, proposal documents may be requested by submitting a “Document Request Form” to the Purchasing

Agent. Documents requested to be sent by E-mail will be at no charge. A service fee will apply for each hard copy document requested.

The Bidder will be the sole bearer of all costs associated with the preparation and submission of its bid.

Published solicitations do not commit the City to pay any costs incurred by any Bidder in conducting or making the necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished in any submitted Proposal. The City is not responsible nor liable for any preparation or submissions costs, regardless of the conduct or outcome of the bidding process.

The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the

City, shall be written in English. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into

English, in which case, for purposes of interpretation of the Bid, such translation shall govern.

Each submitted proposal shall be in accordance with the specifications and instructions contained herein.

Proposals must be completed either using the electronic form templates, when available, or the forms attached to the solicitation.

All blank spaces on the forms must be filled in as required. If a space is not applicable, fill in that space with

“N/A”. Do not leave any spaces blank. No changes are permitted to any of the documentation unless the change is accompanied by an approved addendum.

Proposals which are not complete, contain any omissions, erasures, alterations, additions or irregularities of any kind, are subject to being rejected.

The Bidder shall prepare two (2) identical sets of submission documents. One (1) set of the submission documents must be clearly marked as “ORIGINAL” and the other set clearly marked as “COPY.”

INFORMATION TO BIDDERS

The original copies of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. All copies of the original must be free from streaks and smudges and clearly readable as the original. Proposals written in pencil or red ink are not allowed.

The City may consider any Proposal not prepared and submitted in accordance with the provisions of the solicitation as non-responsive and subject to being rejected.

Prior to the deadline for questions, as noted in the solicitation, all inquiries must be directed to the Purchasing

Agent in writing. The Purchasing Agent will create an addendum that will include a description of the inquiries and their responses. The inquiries will be randomly sorted and the sources of the inquiries will not be identified.

2. SUBMITTING A PROPOSAL

Bidders may always submit their bids by mail or by hand. When so specified in the BDS, bidders shall have the option of submitting their bids electronically.

In addition, the specification may request supplemental information, drawings, warranties, literature, and materials to be included with their submissions.

• Bidders submitting proposals by mail or by hand, will follow the instructions as written in the solicitation documents. A minimum of 2 (two) identical sets of proposals must be provided duly marking one set as “ORIGINAL” and the other as “COPY.”

• Bidders submitting bids electronically shall follow the online instructions for electronic bid submissions.

Each sealed envelope that is provided, at a minimum shall:

(a) Bear the name of the bidder;

(b) Be addressed to the Office of Purchasing;

(c) Bear the bid identification number and bid name

For bid submission purposes, the Purchasing Agent’s address is:

Woonsocket City Hall

Office of Purchasing

169 Main Street

Woonsocket, RI 02895

Submissions requiring a bid surety must be in the form of either a bid bond from a surety licensed to conduct

INFORMATION TO BIDDERS

business in the State of Rhode Island or a certified check payable to the City of Woonsocket in the amount as indicated in the solicitation. Proposals submitted without the required surety will automatically be deemed as non-responsive.

• Physical bid submissions must have either a paper bond or cashier’s check surety included in one of the sealed envelopes.

• Electronic Bid submissions must provide their surety in one of the following 2 ways:

1) Bid Surety Bond - An e-bond can be obtained by making a request to the bank or surety company to provide an e-bond certificate with an electronic seal. Once received, the vendor must upload the digitally sealed certificate along with other needed documents in the

“Documents & Items” section of their submission. An attorney-in fact, who executes a bond on behalf of the surety must provide a certified current copy of their power of attorney.

2) Certified Check - Bidders must upload a copy of the certified check in the “Documents &

Items” section of their submission in “BidNet”. This is then followed by placing the original certified check in a sealed envelope marked with bid number, bid name along with the bidding company’s name and received by the purchasing agent at the address and no later than the date and time stated in the specifications.

Certified checks misdirected or those not presented to the Office of Purchasing by the bid opening date and time will be determined to be late, will not be accepted and the Proposal response in BidNet will be deemed non-responsive.

No responsibility will attach to an officer or person of the City for the premature opening of a physical

Proposal which has not been properly marked or identified. Any Proposal opened prematurely due to the failure of the Bidder to mark the envelope in accordance with Section 2.3 will be considered non-responsive and returned to the Bidder.

3. PROPOSED PRICE(S):

All proposal prices, whether stated in numbers or words, must be based in U.S. Dollars.

Bidders must state the proposed price(s) in accordance with the Bid instructions contained herein.

The final proposed, extended, total price may be requested to be stated numerically, in written words or both.

Proposal price may also be requested to be itemized or to be provided in a lump sum.

Provided that the Bid is substantially responsive, the City shall correct arithmetical errors on the following basis:

• in the event that there is a discrepancy between the unit price and the extended total, the City will

INFORMATION TO BIDDERS

choose between the unit price and the extended total whichever is lowest.

• In the event there is a discrepancy between the price written in words and the price written numerically, the City will choose between the price written in words and the price written numerically, whichever is lowest.

• In the event there is a discrepancy between the actual sum of the subtotals and the proposed sum of the subtotals, the City will choose whichever price is the lowest.

If the Bidder chooses not to accept the lowest price for any reason, that Bidder shall be deemed non-responsive and be rejected.

In exceptional circumstances, prior to the expiration of the bid validity period (60 days), the City may request bidders to extend the period of validity of their bids. The request and the responses shall be made in writing.

If a Bid Security was initially requested, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Surety. A Bidder granting the request shall not be required or permitted to modify its bid.

4. STATE & FEDERAL TAXES

The City of Woonsocket is exempt from the Rhode Island sales or use tax under the 1956 General Laws of the

State of Rhode Island, Section 44-18-30, Para. 1, as amended.

The City of Woonsocket is exempt from the payment of any excise tax or federal transportation taxes.

All bid pricing must exclude the taxes noted herein and it will be so construed.

5. ADDENDA AND INTERPRETATION

No interpretation of the meaning of the specifications or other documents will be made to any Bidder orally.

Every request for such interpretation must be made in writing and addressed to the purchasing agent, City of

Woonsocket, 169 Main Street, Woonsocket, Rhode Island 02895.

To be given consideration, all inquiries must be received by the date and time as noted in the solicitation. If no date is provided in the solicitation, the City will gather any inquiries received and will collectively respond to and publish those responses no later than seven (7) calendar days prior to the date of the bid opening.

Any and all such inquiries, corrections, interpretations, and any supplemental instructions will be in the form of written addenda. All addenda will be posted on the internet. Individuals who requested documents, addenda will be sent to the E-mail provided on the Documents Request Form. All addenda become part of the specification document from their effective dates.

The Purchasing Agent may, at its discretion, post an addendum to extend the deadline for the submission of

INFORMATION TO BIDDERS

bids, in which case all rights and obligations of the City and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

It is the Bidder's responsibility to check for, and to ascertain up to the submission deadline, that they have all addenda issued and posted by the City prior to submitting their Proposal.

No addenda will be posted later than four(4) calendar days prior to the bid opening date except for an addendum, if necessary, postponing the opening date or the withdrawal of the solicitation.

Any written or oral instructions concerning a solicitation, unless supported by an addendum, regardless of the source of that information, is non-binding, should not be relied upon and is not considered part of the specification documents.

In the event there is a discrepancy between verbal communication and written communication, the written communication will govern.

6. “OR APPROVED EQUAL”

When the name of a manufacturer, a brand name or manufacturer's catalogue number is issued as specification standard in describing an item followed by "Or Approved Equal", this description is used to indicate quality, performance and other essential characteristics of the item required.

If proposing on other than the make, model, brand, or sample specified, but equal thereto, Bidder must so state by giving the manufacturer's name, catalogue number and any other information necessary to prove that the intended substitution of a commodity is equal in all essential respects to the standard provided.

Bidders must prove to the satisfaction of the City Department Director, or by person or persons designated by him, that the Bidders’ designated substitute is equal to the standard; otherwise, his Proposal will be rejected.

The City reserves the right to determine if equipment or materials, which comply substantially in quality and performance with the specifications, are acceptable to the City and if any variance listed by the Bidder in his/her Proposal is material or immaterial.

It is the intent of the City, if accepting any substitutes, to accept them in the order in which they are listed in the Proposals. The City has the right to accept substitutes in any order or combination and to determine the lowest Bidder on the basis of the sum of the base Proposal and the substitutes accepted.

7. RECEIPT AND OPENING OF PROPOSALS

All proposals must be received by the purchasing agent at the address and no later than the date and time stated in the specifications.

The City may, at its discretion, extend the deadline for the submission of bids by addendum, in which case all

INFORMATION TO BIDDERS

rights and obligations of the City and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

It is the Bidder's responsibility to verify that the Proposal has been timely received and delivered prior to the opening date and time. The City is not responsible for late receipt of a Proposal, regardless of the reason for the delay. Proof of transmission or of mailing doesn't constitute proof of receipt.

Proposals received prior to the scheduled opening deadline will be secured, locked and/or encrypted and will remain sealed and unopened.

Bidders my withdraw or modify the submitted proposal up until the exact date and time of the scheduled bid opening.

Bid Opening Settings

Invitations to Bids (ITB): The Purchasing Agent shall conduct the bid opening in public at the address, date and time in accordance with the bid documents. Any specific electronic bid opening procedures will be outlined in the bid documents and are not subject to being publicly opened.

Request for Proposals (RFP): There is no official, public opening of RFPs. The City asks that companies refrain from requesting proposal information concerning other respondents until an intention to award is determined, as a measure to best protect the solicitation process, particularly in the event of cancellation or re-solicitation. Proposal materials become public information only after a contract is awarded.

At the time of the opening of Proposals, each bidder will be presumed to have read and to be thoroughly familiar with all items contained in the published solicitation, including all addenda. The failure or omission of any bidder to have examined any form, instrument or document will in no way relieve a bidder from any obligation in their Proposal once the Proposal has been opened.

The Purchasing Agent will not consider any proposal that arrives after the bid opening deadline. Any proposal received after the deadline shall be declared late, rejected, and returned unopened to the Bidder.

No Proposal may be withdrawn and must remain valid for a period of sixty (60) calendar days after the

Proposals have been opened. A bid valid for a shorter period shall be rejected by the Purchasing Agent as non-responsive. The City reserves the right to waive this requirement to best serve the interests of the City.

Negligence on the part of the Bidder in preparing the Proposal confers no rights for the withdrawal of their

Proposal after it has been opened.

If the intent of the Bidder's written communication is not clearly identifiable, the interpretation most advantageous to the City will prevail.

INFORMATION TO BIDDERS

The City reserves the right to waive any informalities that are merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other Bidders.

• The defect or variation is considered immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired.

The City reserves the right to reject any and all Proposals that best serve the City’s interest.

Bid Opening Record: The Purchasing Agent shall prepare a record of the Bid opening as follows:

Invitations to Bid: The purchasing agent will post online the unofficial results of the bid opening. The posted information will include, at a minimum: the name of the Bidders, the proposed price either itemized or by lump sum or both including any proposed substitution or alternative offers if they were permitted; note the presence or absence of a bid surety if one was required: if the bidder was rejected and the reason. Any representatives who are present shall be requested to sign the attendance sheet.

Request for Proposals: The purchasing agent will post online only the names of the proposers and if proposer was rejected and the reason.

8. EVALUATION AND COMPARISON OF BIDS

Information relating to the examination, evaluation, comparison, and post qualification of bids, and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with such process until publication of the Contract Award.

Any effort by a Bidder to influence any City employee in the examination, evaluation, comparison, and post qualification of the bids or contract award decisions may result in the rejection of its Bid.

From the time of bid opening to the time of Contract Award, if any Bidder wishes to contact the Purchasing

Agent on any matter related to the bidding process, it should do so in writing.

To assist in the examination, evaluation, comparison and post-qualification of the bids, the City may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its

Bid and that is not in response to a request by the City shall not be considered. All City requests for clarification and the responses shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the City in the Evaluation of the bids.

The Procuring Entity’s determination of a bid’s responsiveness is to be based on the contents of the bid itself.

A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications of the

INFORMATION TO BIDDERS

Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

• affects in any substantial way the scope, quality, or performance of the goods and related services specified in the contract; or

• limits in any substantial way, inconsistent with the Bidding Documents, the City’s rights or the Bidder’s obligations under the Contract; or

• if rectified would unfairly affect the competitive position of other bidders presenting substantially responsive bids.

If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Purchasing Agent and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.

Provided that a Bid is substantially responsive, the City may waive any non-conformities or omissions in the

Bid that do not constitute a material deviation.

Provided that a bid is substantially responsive, the City may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

The City shall examine the bids to confirm that all documents and technical documentation requested have been provided, and to determine the completeness of each document submitted.

The City shall confirm that the following documents and information have been provided in the Bid. If any of these documents or information is missing, the offer shall be rejected.

A) Signature Page

B) Bid Proposal Forms

(C) Bid Surety (if required)

The City will examine the Bids to confirm that all terms and conditions specified in the specification documents have been accepted by the Bidder without any material deviation or reservation.

The City will evaluate the technical aspects of the Bid submitted in accordance with the specifications, to confirm that all requirements of the Bidding Documents have been met without any material deviation or reservation.

If, after the examination of the terms and conditions and the technical evaluation, the City determines that

INFORMATION TO BIDDERS

the Bid is not substantially responsive, it shall reject the Bid.

The City shall evaluate each bid that has been determined, up to this stage of the evaluation, to be substantially responsive.

To evaluate a Bid, the City shall only use all the factors, methodologies and criteria defined in the bid specifications. No other criteria or methodology shall be permitted.

9. QUALIFICATIONS OF BIDDER

The City shall determine to its satisfaction whether the Bidder that is selected as having submitted the best responsible and substantially responsive bid is qualified to perform the Contract satisfactorily.

The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder.

An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the City shall proceed to the next best responsible bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily.

One or more of the following conditions will result in the disqualification of a Bidder and rejection of his/her

Proposal:

A. Evidence of collusion among Bidders.

B. A material misrepresentation in a Proposal.

C. Bidder's failure to meet the minimum criteria for responsiveness and responsibility.

10. CONSIDERATIONS FOR REJECTING PROPOSALS

The City reserves the right to accept or reject any bid, in whole or in part, to waive any informalities or irregularities not affecting substantial rights and to annul the bidding process at any time prior to contract award, without thereby incurring any liability to Bidders.

If an area remains unserved due to lack of or rejection of Proposals, the City may, within its discretion, select and negotiate with a Bidder already providing service to an area or with an entity qualified to provide service in all or part of the unserved area.

The City reserves the right to reject the Proposal of any Bidder who has previously failed to perform properly or complete on time Contracts of a similar nature, who is not able to perform the Contract , has habitually, without just cause, neglected the payment of bills, or disregarded its obligations to sub-Contractors, materials, or employees.

INFORMATION TO BIDDERS

The City reserves the right to reject any or all Proposals not accompanied by a requirement set forth in the

Solicitation Documentation or if the Proposal, in any way, is incomplete or irregular.

In accordance with R.I. Gen. Laws § 45-55-7 the City may reject a Proposal based on any of the following conditions:

• Bid prices are in excess of available funding.

• When multiple Proposals are received, all but the lowest 3 Bidders can be rejected.

• In the event when only one (1) bid is received, that bid can be rejected. A noncompetitive negotiation can commence with that Bidder in accordance with § 45-55-10.

11. AWARD AND CONTRACT

The City shall award the Contract to the Bidder whose offer has been determined to be the best responsible bid and is substantially responsive to the Bidding Documents, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.

A "Responsive Bidder" is a Bidder who has submitted a Proposal, which conforms to all material aspects of the solicitation. Whereas a “Responsible Bidder” relates to the Bidder's ability to satisfactorily perform the work.

The City reserves the right to award by item, part or portion of an item, group of items or total Proposal, to reject any and all Proposals in whole or in part, if, in the City’s judgment, it is in the best interest of the City to do so.

The City reserves the right to award multiple, optional use Contracts. In addition to the other factors listed, offers will be evaluated on the basis of advantages and disadvantages to the City which may result in the awarding of a Contract to multiple Bidders.

Prior to the expiration of the period of bid validity, the Purchasing Agent shall notify the successful Bidder, in writing, that its Bid has been accepted.

The Purchasing Agent will publish online the final results identifying the name of the winning Bidder, and the price it offered, as well as the duration and summary scope of the contract awarded.

After publication of the award, unsuccessful bidders will receive a courtesy notification letter that the award decision has been made.

The successful respondent will receive an award letter with further instructions along with City department contact information.

Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.

INFORMATION TO BIDDERS

Upon the successful Bidder’s furnishing of the signed Contract Form and performance security pursuant to ITB solicitation, the Procuring Entity will promptly notify each unsuccessful Bidder and will discharge its bid security.

CONTRACT TERMS AND CONDITIONS

PROPOSAL

PROJECT: Supply of Drainage Pipe, Bid No. 6314

Company Name (“COMPANY):

The duly authorized agent for the COMPANY submitting this proposal affirms and declares:

1. That this proposal is executed with full knowledge and acceptance of the City’s CONTRACT TERMS

AND CONDITIONS and CONTRACT SPECIFICATIONS enclosed for the subject project.

2. Should this proposal be accepted in writing by the CITY, said COMPANY will furnish the items and/or services, for which this proposal is submitted, at the dollar amount indicated and is in full compliance with the provisions of said CONTRACT TERMS AND CONDITIONS and CONTRACT SPECIFICATIONS.

3. That the COMPANY proposes to furnish the equipment, labor, services and materials and all incidentals as required to meet the CONTRACT SPECIFICATIONS in the total proposal amount submitted.

4. That the COMPANY understands and accepts that although the dollar amount of this proposal is a major factor for consideration, the CITY reserves the right at its sole discretion, and after careful analysis of additional factors, to award the CONTRACT to the most qualified, responsive and responsible bidder and not only to the COMPANY submitting the lowest proposal.

5. Awards may be made on the basis of the total proposal amount or individual items.

PROPOSAL AMOUNT:

All lump sum proposals or itemized totals must be stated in numbers and words. All itemized unit prices, if applicable, must be extended. Any proposal not so stated may be rejected.

RHODE ISLAND

FINANCE DEPARTMENT

MATERIAL SPECIFICATIONS:

MS1. ALL quoted pipe must be “Dual Wall (Type S) Bell and Spigot Style, Corrugated High Density Polyethylene (HDPE) Drainage Pipe.”

MS2. For pipe 12” to 48” it must meet the requirements of CPP-AASHTO-M-294-“S”

DESCRIPTION/SIZE U/M

PRICE PER U/M

DELIVERED

(DDP)

PRICE PER U/M

NOT DELIVERED

(EXW)

DRAINAGE PIPE

12” PER FT. $ $

15” PER FT $ $

18” PER FT $ $

24” PER FT $ $

30” PER FT $ $

36” PER FT $ $

42” PER FT $ $

48” PER FT $ $

COUPLING WITH ZIP TIES

12” EACH $ $

15” EACH $ $

18” EACH $ $

24” EACH $ $

30” EACH $ $

36” EACH $ $

42” EACH $ $

48” EACH $ $

N-12 to RCP MANHOLE ADAPTER

12” EACH $ $

15” EACH $ $

BID PROPOSAL CONTINUED

DESCRIPTION/SIZE U/M

PRICE PER U/M

DELIVERED

(DDP)

PRICE PER U/M

NOT DELIVERED

(EXW)

N-12 to RCP MANHOLE ADAPTER (cont’d)

18” EACH $ $

24” EACH $ $

30” EACH $ $

36” EACH $ $

42” EACH $ $

48” EACH $ $

22 DEGREE BEND

12” EACH $ $

15” EACH $ $

18” EACH $ $

24” EACH $ $

30” EACH $ $

36” EACH $ $

42” EACH $ $

48” EACH $ $

45 DEGREE BEND

12” EACH $ $

15” EACH $ $

18” EACH $ $

24” EACH $ $

30” EACH $ $

36” EACH $ $

42” EACH $ $

48” EACH $ $

SUBCONTRACTOR DISCLOSURE FORM

Fill out this form only if you plan to Subcontract with other parties.

If you will not Subcontract any portion of the Project, do not fill out this form.

Company Name (“COMPANY):

Please list all Subcontractors below. Include the work to be subcontracted, the value of each subcontract and the total dollar amount to be subcontracted.

Proposed Subcontractors Work to be Subcontracted Date of Mobilization $ Value of Subcontracts

1) $

2) $

3) $

4) $

5) $

6) $

A. TOTAL SUBCONTRACTED AMOUNT: $

B. DOLLAR AMOUNT OF WORK DONE BY THE PRIME CONTRACTOR: $

C. TOTAL AMOUNT OF BID (SUM OF A & B): $

D. PERCENTAGE OF BID SUBCONTRACTED (Divide A by C and multiply result by 100): %

Note: In accordance with “Sections 3, 4 & 5” of the Contract Terms & Conditions, all Subcontractors are subject to final approval by the City. No Subcontracts or collateral Contracts will be permitted, except with the City of Woonsocket's prior express written consent.

Reference #1

Company Name:

Contact Person: Telephone #:

Contract Dates: ________________________ To ___________

Website Address:

Reference #2

Company Name:

Contact Person: Telephone #:

Contract Dates: ________________________ To ___________

Website Address:

Reference #3

Company Name:

Contact Person: Telephone #:

Contract Dates: ________________________ To ___________

Website Address:

REFERENCES

Company Name (“COMPANY):

Please list at least three (3) customers with whom you have contracted to provide similar services. Preferably, references should be from municipalities which are of approximate size like the City of Woonsocket, and a website address should be included if available.

AFFIDAVIT SIGNATURE PAGE

We, the undersigned, hereby submit this project proposal to the City of Woonsocket. We further certify, agree to, and attest to all the City’s Contract Terms and Conditions, Project Specifications and Plans contained herein at the proposed dollar amounts for the Term(s) of this Agreement.

I swear under penalties of perjury that I am duly authorized by the Company named below to sign and submit this proposal on behalf of the Company. That I have read all the documents contained herein and that all of the information provided is true, accurate and complete as of the bid date.

Company:

Address:

City, State & Zip:

State of Incorporation:

Signature:

Print Name:

Title:

Date:

All City of Woonsocket purchase orders, Contracts, solicitations, delivery orders and service requests will incorporate and be subject to the provisions of City of Woonsocket purchasing rules and regulations adopted pursuant thereto, all other applicable provisions of the Rhode Island General Laws, the Woonsocket City Charter, specific requirements described in the Solicitation or Contract, and the following Contract Terms and Conditions of Purchase:

1. GENERAL

All purchase orders, Contracts, solicitations, delivery orders, and service requests are for specified goods and services, in accordance with express Terms and conditions of purchase, as defined herein. For the purposes of this document, the Terms "Contractor" refers to any individual, firm, corporation, or other entity presenting a proposal indicating a desire to enter into Contracts with the City, or with whom a Contract is executed by the

City of Woonsocket, and the Term "Contractor" will have the same meaning as "vendor".

2. ENTIRE CONTRACT; MODIFICATIONS

The City of Woonsocket’s Purchase Order, or other City of Woonsocket Contract endorsed by the City of

Woonsocket’s Office of Purchasing constitutes the entire Contract between the Parties hereto and supersedes all previous negotiations, Contracts and commitments with respect thereto, and will not be released, discharged, changed or modified in any manner except by instruments signed by duly authorized representatives of each of the Parties.

In the event any acknowledgement, release, or any other document relating to the purchase, sale or hired services between the Parties is subject to and includes the City’s Contract Terms and Conditions. Any Terms and conditions of the same that are in addition to or in conflict with the City’s Contract Terms and Conditions will be null and void and without legal effect, unless such Terms are mutually agreed to in writing by way of a single document that plainly expresses the Parties’ intent to alter the City’s Contract Terms and Conditions.

All communication between the City of Woonsocket and any Contractor pertaining to any award or

Contract must be accomplished in writing.

Each proposal will be received with the understanding that if the City accepts and awards the business to an offer, whether by a written award letter, by Contract or the issuance of a purchase order by the City of

Woonsocket Purchasing Agent, to do work or to furnish any or all the materials, equipment, supplies or services described therein will constitute a Contract between the Contractor and the City of Woonsocket.

• This will bind the Contractor to furnish and deliver all materials, equipment, supplies or services specified in the solicitation, at the prices and of said accepted proposal.

• The City of Woonsocket on its part will order from such Contractor (except in cases of emergency) and to pay for all materials, equipment, supplies or services specified and delivered at the agreed prices in accordance with the City’s Contract Terms and Conditions and detailed Contract Specifications.

A Contract will be deemed executory only to the extent of funds available for payment in the amounts shown on Purchase Orders issued by the City of Woonsocket to the Contractors.

No alterations or variations of the Terms of the Contract will be valid or binding upon the City of Woonsocket unless submitted in writing, accepted and signed by the City of Woonsocket Purchasing Agent and the

Contractor. All orders and changes thereof must be emanated from the City of Woonsocket Office of

Purchasing. No oral Contract or arrangement made by a Contractor with a department or employee will be considered to be binding on the City of Woonsocket and may be disregarded.

Contracts will remain in full force and effect for the Term of the Contract or until all articles or services required have been satisfactorily delivered, fulfilled and accepted prior to the Term’s expiration date and all the

Contract Terms and Conditions were met, unless:

• extended upon written authorization, and signed by duly authorized representatives of each of the

Parties, to permit ordering or delivery of any outstanding contracted balances; or

• to purchase additional quantities at the proposal prices that were in effect prior to the date of expiration; or

• canceled by the City of Woonsocket in accordance with other provisions stated herein.

The Contractor further warrants by submission of an offer, acceptance of a purchase order or other

Contract, that he has no knowledge at the time of such action of any outstanding and delinquent or otherwise unsettled debt owed by him to the City of Woonsocket. Contractor agrees that later discovery by the City of Woonsocket Purchasing Agent that this warranty was given in spite of such knowledge, except where the matter is pending in hearing or from any appeal therefrom, will form reasonable grounds for termination of the Contract.

3. SUBCONTRACTORS

No Subcontracts or collateral Contracts will be permitted, except with the City of Woonsocket's express written consent. Contractors must submit to the City of Woonsocket Office of Purchasing a list of all subcontractors to be employed in the performance of any Purchase Order or other Contract arising from this solicitation.

Conversely, the City will not hire nor engage any third parties to assist the Contractor with any of the provisions of the Contract.

In the event that the Contractor hires a subcontractor, the Contractor will be responsible to pay the subcontractor for any services performed under this Contract on the Contractor’s behalf. Unless otherwise agreed to in writing, all compensation will remain payable by the City to the Contractor.

4. INDEPENDENT CONTRACTOR

Nothing contained in this Contract will be construed to constitute either Party as a partner, employee or agent of the other Party, nor will either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name or on behalf of the other Party, it being intended by the Parties that each will remain an independent contractor responsible for its own actions. Except as otherwise provided herein, each Party will be responsible for its own expenses’ incidental to the performance of its obligations hereunder.

CONTROL. The Contractor has the authority to control and direct the performance and details of the services provided. Notwithstanding the foregoing, the services must meet the City’s approval and will be subject to the City’s general right of supervision to secure the satisfactory completion thereof.

TAXES. Contractor is obligated to pay federal and state income tax on any moneys earned pursuant to this Contract. The City will not withhold or cause to be withheld federal or state taxes or social security payments from Contractor’s compensation.

BENEFITS. The Contractor is not an employee of the City and is not entitled to workers' compensation benefits and is not entitled to unemployment insurance benefits. Further, Contractor is not and will not be entitled to benefits provided by the City to its subcontractors, including, but not limited to, health insurance, disability insurance or pension benefits.

The State of Rhode Island, in accordance with RI General Law, § 28-29-17, requires that independent

Contractors complete a “Notice of Designation as Independent Contractor” (DWC-11-IC) form.

5. RELATIONSHIP OF PARTIES

The Contractor warrants, by submission of an offer or acceptance of a purchase order or other contract document, that he is not an employee, agent, or servant of the City of Woonsocket, and that he is fully qualified and capable in all material regards to provide the specified goods and/or services. Nothing herein should be construed as creating any contractual relationship or obligation between the City of Woonsocket and any Contractor, subcontractor, supplier, or employee of the Contractor or offeror.

6. TIME OF COMMENCEMENT/COMPLETION:

A written award (or acceptance of a Proposal) mailed (or otherwise furnished) to the successful bidder and will be considered accepted by the City seven (7) calendar days following the transmitted or post marked date.

The award letter may be followed by a City purchase order or other Contract document which will be deemed to result in a binding agreement without further action by either party.

The Contractor, upon the notification of the acceptance of their Proposal, must within ten (10) calendar days, execute and deliver any documents required by the solicitation, including but not limited to the following: Signed Contract documents, a list of subcontractors, W-9 form, certificates of liability insurance, permits and/or surety bonds.

The Contractor must agree to commence work as per the instructions contained in the solicitation unless otherwise notified by a “Notice to Proceed” from the City or other written communication by the Department

Director or his designee.

The Contractor must agree also to pay as liquidated damages the sum of Five Hundred ($500.00) Dollars for each consecutive calendar day the work starts late, but no earlier than thirty (30) days, after the fixed date for commencement/completion thereafter.

Allowances may be made when a force majeure event occurs.

Force Majeure Event may include, but is not limited to the following: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Contract; (f) action by any governmental authority; (g) national or regional emergency; ( h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for

Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the impacted party.

7. TERM AND RENEWAL

The Term of this Contract shall begin on the effective date outlined in the solicitation and, unless terminated earlier in accordance with the express Terms of the Contract will expire no later than twelve (12) consecutive, calendar months from the effective date.

Where solicitations and subsequent Contracts allow for Contract Terms to extend beyond the twelve (12) consecutive, calendar months, it is mutually understood and agreed that the City of Woonsocket's commitment is limited to a base Term not to exceed twelve (12) months. The awarding of additional annual

Terms, as outlined in the solicitation or Contract, are at the City of Woonsocket’s sole discretion. The awarding of additional Terms must be mutually agreed upon in writing by both Parties at least sixty (60) calendar days prior to the expiration of the current Term, except where expressly specified to the contrary.

Purchase orders appearing to commit obligations of funding or Terms of performance may be executed for administrative convenience but are otherwise subject to this Section. In such cases the City of Woonsocket's renewal will be deemed to be automatic, conditional on the continued availability of appropriated funds for the Contracted purpose, except as written notice of the City of Woonsocket's intent not to renew is served.

8. DELIVERY

All prices must be based on Incoterms DDP (Delivered Duty Paid) Woonsocket, RI. The Contractor will assume all costs, risks, and obligations, including import duties, taxes, clearance fees etc., if applicable, up to the destination point(s). At the destination point(s) the loading or unloading of the shipment will be set forth in the Contract Specifications, otherwise it will be at the discretion of the Department Director.

Contractor will use best efforts to deliver products or services in accordance with the delivery dates specified in the solicitation or as otherwise agreed to in writing by the Contractor and the City of Woonsocket. The

Contractor must notify the City as soon as Contractor becomes aware…