IFB 18-004 - IFB.docx

TOWN OF NORTHBRIDGE

Department of Public Works

Invitation for Bids Number 18-004, No. 2 Heating Fuel

Town Manager’s Office Memorial Town Hall 7 Main Street Whitinsville, MA 01588

INVITATION FOR BIDS

NO. 2 HEATING FUEL

Under the provisions of Massachusetts General Law, Chapter 30B, the Town of Northbridge, Massachusetts is accepting sealed bids for the purchase and delivery of Number 2 heating fuel for various Town departments for the period beginning on 01 July 2018 award and ending June 30, 2019. The estimated annual total requirement for heating fuel is 33,700 gallons.

Bids will be accepted until 10:00 a.m. Wednesday - July 25, 2018 at the Northbridge Department of Public Works Office, 11 Fletcher Street, Whitinsville, MA 01588.

The Town of Northbridge reserves the right to reject any and all proposals received as a result of this Invitation for Bids (IFB) and to waive informalities in the IFB process.

Bid Prices:

Prices shall include all applicable taxes and shall be based upon the LOW DAILY BOSTON WHOLESALE PRICE (LDBWP) as listed in the Daily Petroleum Prices section of the New York Journal of Commerce® PLUS OR MINUS INCREMENT as follows:

LOW DAILY BOSTON WHOLESALE PRICE: The Bid Price per gallon for heating fuel shall be the LDBWP as of June 20, 2018. plus or minus an increment to arrive at a total price per gallon. Any decrease in the LDBWP during the term of the contract shall result in an equal decrease in the price per gallon. Any increase in the LDBWP during the term of the contract shall result in an equal increase in the price per gallon. The date of delivery shall determine to price.

Changes, Addenda and Questions:

If any changes are made to this IFB, an addendum will be issued. Addenda will be mailed or faxed to all bidders on record as having received the IFB. If addenda are issued, bidders must execute the addenda acknowledgement sheet and include it with the bid.

Questions concerning this invitation for bids must be submitted in writing to: James Shuris, P.E., MBA, Director of Public Works, and P. O. Box 88, Whitinsville, MA 01588-0088 before 12 Noon Tuesday, July 24, 2018. Questions may be mailed to this address, e mailed to jshuris@northbridgemass.org, delivered to the Department of Public Works at 11 Fletcher St. or faxed to (508)-234-0807. Written responses will be e-mailed or faxed to all bidders on record as having received the IFB.

Delivery tickets:

Fuel delivered in bulk to the various Town Department storage facilities shall be issued via a numbered meter delivery ticket signed for by a representative of the town.

Billing:

Invoices for payment shall be rendered once per month for each of the accounts listed herein and shall include the individual delivery ticket, the price per gallon consisting of the LOW DAILY BOSTON WHOLESALE PRICE as of the date of product delivery plus or minus the increment on the bid form for the specific product and the total price. Terms of payment will net thirty (30) days after receipt of the invoice.

The Town of Northbridge tax exempt number is 046-001250.

The vendor agrees to “Hold Harmless” the Town of Northbridge from any and all liability, personal injury, accidental death, and or property damages resulting from this contract. This finalized proposal will become part of the contract between the Town and vendor whose proposal is determined most beneficial to the Town, price and other factors considered.

Bidders must sign the attached Tax Compliance Certification, Certificate of Non-collusion and Hold Harmless Agreement and return them with their bids.

The bid acceptance period for this IFB will be 30 calendar days from the date of bid opening.

Estimated Volume Use:

This IFB includes estimated volumes of usage for each location. The Town of Northbridge makes no guarantees that any commodities or services will be purchased from any contract resulting from this IFB. Any estimated volumes referenced in this IFB are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Basis of Award:

This procurement will be awarded to the low responsive responsible bidder based on the Total Bid Price on the bid form.

Tie Breaker:

In the event that two or more identical low bids are received, the successful bidder shall be determined by means of a coin toss that will take place at the Northbridge Town Hall in the presence of representatives of the low bidders.

Insurance:

Before commencing any work, the contractor shall submit a certificate of insurance naming the Town of Northbridge as “Additional Insured”. The following minimum limits shall apply:

Commercial General Liability Per occurrence/aggregate - $1,000,000/$2,000/000 Automobile Liability - Bodily Injury and Property Damage Minimum of $1,000,000 on a combined single limit for bodily injury and property damage Employer’s Liability Insurance - Worker’s Compensation Limits as required under the laws of the Commonwealth of Massachusetts Umbrella or Excess Liability Insurance Not less than $2,000,000 over and above primary limits

Bid Bonds, Performance Bonds, Payment Bonds:

Each bid must be accompanied by a bid bond, certified check or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the Town of Northbridge in the amount of five (5) percent of the value of the bid. As soon as bid prices have been compared, the Town will return the bid deposits of all except the three lowest responsible bidders. When the contract is executed, the bid deposits of the two remaining unsuccessful bidders will be returned. The bid deposit of the successful bidder will be retained until the performance bond have been executed and approved, after which it will be returned.

A performance bond in the amount of fifty (50) percent of the total bid price, with a corporate surety qualified to do business under the laws of the commonwealth of Massachusetts and satisfactory to the Town, will be required of the Contractor for the faithful performance of the contract. Attorneys-in-fact who sign bid bonds or payment and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

Spills and/or Accidents:

While performing work under this contract, the contractor shall be responsible for completing clean-up of any spills or accidental releases to the environment (pursuant to MGL c. 21E and other relevant regulations) at no cost to the Town of Northbridge. The contractor shall notify all local, state and federal authorities as required by law in the event of such a release or threat of release. The contractor will immediately notify the user facility contact person, in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contact is not possible, then the contractor shall take appropriate response actions, and notify the contact person, in writing, as soon as possible thereafter. The contractor must provide a written summary of the response actions taken in any case within the timelines established for reporting of spills and /or contamination, as set forth in MGL C. 21E. A copy must also be sent to the Town Manager of the Town of Northbridge.

*Note: Although estimated Number 2 heating fuel annual consumption for (4) School Buildings is zero; there may be a requirement to provide Number 2 heating fuel at these locations should an emergency need arise. The total bid price located on bid form herein shall apply

Estimated Annual Total

Fuel Oil Locations

The supplier shall establish separate billing accounts as follows:

Fuel oil must comply with the following specifications and procedures:

1. The most updated Federal Specifications that replaced Spec. VV-F-815C published in July 10, 1972 Federal Supply Services, GSA, or specifications currently in use for GSA procurements.

1. D396-98 Standard Specifications for Fuel Oils – Copyright 1999 American Society for Testing and Materials, West Conshohocken, PA. The American Society of Testing Materials; and fuel oil specification ASTM D-396 amended to comply with regulations of the Massachusetts Department of Environmental Protection; and other applicable Federal and/or Commonwealth regulations and laws.

AFFIDAVIT

REVENUE ENFORCEMENT AND

PROTECTION ACT REQUIREMENT

I,_____________________________, representing__________________________________________ (Legal Name of Bidder) do hereby state that all laws of the Commonwealth of Massachusetts relative to taxation have been complied with. This statement is in compliance with Chapter 62C, Section 49A (b) as added by Chapter 233, Section 36 of the Acts of 1983, and made under penalties of perjury this ________day of ___________________20___.

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under 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.

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

HOLD HARMLESS AGREEMENT

The Contractor, _________________________________________, agrees to indemnify and hold harmless the Town of Northbridge, its officers, employees, and agents from and against any and all liabilities, claims, damages or expenses resulting from or incurred in connection with work performed under this contract.

The Contractor agrees to indemnify and hold the Town of Northbridge harmless from and against any and all suits, causes of action, judgments or damages, including attorneys’ fees, arising out of or resulting from bodily injury or death or destruction of property, in connection with work performed under this contract.

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of the _______________________________ held on ______________ Directors were present or waived notice, (name of corporation) (date) it was voted that ___________________________________ of this company be and hereby is (officer and title) authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or bond of obligation in this company's name on its behalf of such __________________ under seal of the company shall be valid and binding upon this company. (officer)

A TRUE COPY,

ATTEST:

Place of Business: ______________________________

I hereby certify that I am the _________________ of the ________________________ (Title) (Name of Corporation) that ______________________________ is the duly elected ______________________ (Name of Officer) (Title) of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Signature: ______________________________

Name/Title: ______________________________

COMMONWEALTH OF MASSACHUSETTS

WORCESTER, SS. , 20___

BID FORM

NO. 2 HEATING FUEL

Bid Opening: 10:00 a.m., Wednesday, 25 July 2018

Name of Bidder: __________________________________

Having read the attached conditions and agreeing to comply fully with them unless otherwise noted on this form, the undersigned proposes the following.

Low Daily Boston Wholesale Price (LDBWP) as of June, 20 2018:

Number 2 Heating Fuel $2.1534 per Gallon

Contract Term: Date of Award through June 30, 2019: The following price increment will be added to the above LDBWP to determine the price per gallon for Number 2 Heating Fuel.

Item 1. #2 Heating Fuel Delivered LDBWP $ plus $ _______ increment = $_______ per gal.

Total Annual Bid Price: 33,700 gallons X $________ per gal (from line above) = $_______________

The undersigned certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of M.G.L. Chapter 29, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated there under.

This bid must bear the written signature of the BIDDER or an authorized agent of the BIDDER. If the BIDDER is a corporation or a partnership, the bid must be signed by a duly authorized officer of such corporation or by a partner and the title of such officer must be stated.

Authorized Signature: ______________________________ Date: _______________

Name and Title: ________________________________________________________

Name of Firm: ________________________________________________________

Mailing Address: ________________________________________________________________

Telephone Number: __________________ Fed. Tax I.D. No. ________________

(SEAL – If bid is by a corporation)

ATTEST ___________________________

Bidders must return this entire bid package with their bid submission.

FORM FOR BID

To the Awarding Authority:

The Undersigned proposes to furnish all labor and materials required for the project entitled Heating Fuel, in Northbridge, Massachusetts, in accordance with the specifications prepared by the Department of Public Works for the contract price specified on the following unit price bid schedules.

The Proposed Contract price for all work is:

Total Aggregate Bid: ________________________ (sum of all total line item prices)

The undersigned agrees that, if he is selected as general contractor he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to section 44a.

The undersigned understands that all bids for this project are subject to the applicable laws of the Commonwealth of Massachusetts, including General Laws Chapter 30B as amended.

The contract will be awarded to the lowest responsible and eligible bidder.

The undersigned understands that the owner reserves the right to reject any or all bids and to waiver any informalities in the bidding.

The undersigned agrees that this bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids, where Federal approval is not required.

Bid security in the form of a bid bond, cash, certified check, treasurer’s or cashier’s check, payable to the Owner, in a dollar amount of 5 percent of the total bid, in accordance with the conditions in the Instruction to bidders, has been attached to this bid.

Pursuant to MGL CH 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to section forty four A.

The undersigned hereby certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section Twenty Nine F of Chapter Twenty Nine, or any other applicable debarment provisions of any other Chapter of the General Laws or any rule or regulations promulgated thereunder.

Respectfully submitted:

REQUIRED SUBMISSION ITEM CHECKLIST

The following items must be submitted with the bid. Failure to include these items may result in disqualification of the bid. Please indicate in the space provided that the items are enclosed and return this checklist with the bid.

Item Description Enclosed (Yes or No)

Bid Bond (5 percent of grand total bid) ___________

Affidavit – Revenue Enforcement and Protection Act Requirement ___________

Tax Compliance Certification ___________

Certificate of Non-Collusion ___________

Hold Harmless Agreement ___________

Bid Form (two pages, including bid prices for all items) ___________

Form W-9, Request for Taxpayer Identification Number and Certification __________ image1.jpeg