Town of Monterey Gravel ITB FY25.pdf

TOWN OF MONTEREY

INVITATION TO BID - GRAVEL

In accordance with MGL c. 30, s. 39M, the Town of Monterey, acting through its Town Administrator, invites sealed bids from qualified vendors to provide gravel to the Town of Monterey Highway Department required for various projects from July 1, 2024 through June 30, 2025. Contract shall be renewable by the Town of Monterey for two (2) consecutive one (1) year periods.

Completed bid proposal forms must be submitted to the Town Administrator, located at the Town of Monterey Town Hall, 435 Main Road, P.O. Box 308, Monterey, MA. 01245 by 10:00am, Wednesday September 18, 2024, at which time they will be publicly opened and read aloud by the Town Administrator or their representative. Bids received after the deadline, will be returned, unopened.

Proposals must be sealed and clearly marked “Bid for Gravel”. Corporate bidders must submit an executed Certificate of Vote (form attached to bid proposal form) stating that the person signing the bid has the authority to bind the corporation. Bids may not be withdrawn within 30 consecutive days after the bid opening.

The Monterey Select Board reserves the right to reject any or all bids, when, in the opinion of the Select Board, the Town’s best interest would be served by doing so. A contract will be awarded within 30 days of the bid opening by the Select Board to the qualified, responsive bidder with the lowest total price based on the unit prices and estimated quantities for each item in the bid form.

Specifications:

1. Gravel must meet Mass Highway specifications for gravel, sieve analysis must be submitted.

2. 1 ½” Fractured process gravel

3. 6” minus Bank run gravel

4. ¾” crushed gravel

5. Prices will be accepted for Fractured Process Gravel, Bank Run Gravel and Crushed Gravel.

Prices for all at the pit and delivered to be submitted. Estimated quantities set forth in the bid form are for comparison purposes only. The Town makes no guarantee to purchase any minimum or specific quantity of goods or services under the provisions of this contract.

6. Gravel priced at the pit for pickup must be within 20 miles of the Town of Monterey Highway Department Garage.

7. Prevailing wage rates for delivered material shall apply under MGL Chapter 149 Section s26 & 27 and all provisions thereunder. A rate sheet is included with the bid documents.

8. Delivered price is to any point in the Town of Monterey as determined by the Director of Operations.

9. A certificate of non-collusion and tax compliance certification must accompany this bid.

10. A 5% bid deposit must accompany all bids.

11. The successful bidder will be required to provide a payment bond issued by a surety licensed to do business in the Commonwealth of Massachusetts in the amount of 50% of the Contract Price pursuant to MGL c. 149 s. 29 within 10 days of the notice of contract award.

Contractor Responsibilities

1. The unit prices bid by the successful bidder shall be the unit price paid by the Town of Monterey for the duration of the contract. No increases in the unit prices bid shall be allowed under any circumstances and any bid to which escalator clauses are added or appended shall be rejected as being not responsive.

2. The Director of Operations of the Department of Public Works shall be the sole judge of whether or not items proposed to be supplied are “similar” and approved “equal” to those specified.

3. Should the prospective bidder find discrepancies or omissions in the specifications, he shall notify the Town at once. The Town will issue any addenda on the procurement section of our town website. The Town of Monterey will not assume responsibility for any oral instructions or interpretations of the meaning of specifications or other contract documents to any bidder or any person.

4. If the successful bidder fails to deliver as ordered, the Town of Monterey reserves the right to cancel the contract and purchase the balance from other sources at the successful bidder’s expense.

5. By submission of this bid or proposal, the bidder certifies under the pains and penalties of perjury that:

a. This bid or proposal has been independently arrived at without collusion with any other bidder or with any other competitor or potential competitor.

b. This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of the bids or proposals for the project, to any other bidder, competitor, or potential competitor.

c. No attempt has been made, or will be made, to induce any other person, partnership, or corporation, or other business entity, not to submit a bid or proposal.

d. No member of the Town of Monterey, or any other officer or employee thereof, is directly or indirectly interested in the bid or proposal.

6. No interest on any invoice or statement will be paid by the Town.

7. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

Questions concerning this bid should be made to Director of Operations, Jim Hunt at 413-528-1734.

Bids Due/Bid Opening: 10:00am, Wednesday September 18, 2024, Town Hall, 435 Main Road, Monterey, MA 01245.

Roger MacDonald, Town Administrator

Date: __________________________

Company: ________________________________

Bid:

Material Estimated yards delivered

$ per yard delivered Estimated yards picked up

$ per yard picked up

1 1/2” fractured process gravel

1000 cubic yards 1000 cubic yards

¾” crushed gravel

1000 cubic yards 1000 cubic yards

6” minus bank run gravel

500 cubic yards 500 cubic yards

Signature

Contract & General Conditions for Purchase of Construction Materials

This Contract is entered into on, or as of, this_____ day of ___________, 20__ by and between the Town of Monterey, Massachusetts (the “Town”), and

(Vendor)

(Address of Vendor)

(Telephone Number) (Email)

1. This is a Contract for the procurement of the following: _____________________________

This contract is for the purchase of construction materials pursuant to MGL c. 30, s. 39M and includes the following delivery, installation/setup and maintenance requirements:

The Vendor shall, pursuant to the terms of this Contract, provide all the supplies, materials and equipment necessary and proper to the performance of the Contract. The Contract Price is the total price bid by the Contractor in its bid form, $________________.

2. Payment will be made within 30 days of the date of invoice.

3. Definitions:

3.1 Acceptance: All contracts require proper acceptance of the described goods by the Town of Monterey. Proper acceptance shall be understood to include inspection of goods by authorized representatives of the Town to ensure that the goods are complete and are as specified in the Contract.

3.2 Contract Documents: All documents relative to the Contract, including (where used)

Supplements; Invitation for Bids; Instructions to Bidders; Bid Forms; Statement of Tax Compliance;

Special Conditions; Notice of Intent to Award Contract; Proposal Forms, Specifications, and all Addenda issued during the bidding period. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In the event of any conflict between any provision or language of the Contract and any provision or language of the Contract Documents, the provision or language of the Contract shall control.

3.3 The Vendor: The “other party” to any Contract with the Town.

3.4 Goods: Goods, Supplies, or Materials, as described in the Contract and General Conditions.

4. Term of Contract and Time for Performance: This Contract shall be substantially complete by the Vendor on or before ___________, 20__ unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Vendor, and subject to the availability and appropriation of funds. The time stated in the Contract Documents are of the essence of the Contract. By executing this Contract, the Vendor confirms that the contract time is a reasonable period of time for performing the work and achieving substantial completion.

5. Change Orders: Change orders must be in writing and signed by both parties prior to any change.

The total payments under the Contract may not exceed the Contract Price unless a change order is executed authorizing an increase in the Contract Price.

6. Subject to Appropriation: Notwithstanding anything in the Contract Documents to the contrary, any and all payments that the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

7. Insurance: Vendor shall maintain adequate insurance in any and all forms to protect both Vendor and the Town against all liabilities, losses, damages, claims, settlements, expenses, and legal fees arising out of or resulting from performance of this agreement. Insufficient insurance shall not release the Vendor from any liability for breach of its obligations under this Agreement. The following insurance requirements all apply during the duration of the Contract:

7.1 Workers’ Compensation. Statutory minimum coverage.

7.2 Commercial General Liability. $1,000,000 per occurrence / $2,000,000 aggregate

7.3 Automobile Liability. $1,000,000 combined single limit,

7.4 The Town shall be included as an additional insured on the Commercial General Liability and Automobile Liability policies. A certificate of insurance demonstrating the required coverage is in place shall be provided to the Town at the time of Contract execution.

8. The Vendor's Breach and the Town's Remedies: Failure of the Vendor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Monterey shall have all the rights and remedies provided in the Contract and Contract Documents, including, but not limited to, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity, or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above.

9. Claims by Vendor and Liability of Town: All claims by the Vendor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Vendor shall continue its performance under this Contract regardless of the submission or existence of any claims.

The liability of the Town under this Agreement is limited to the compensation provided herein for goods actually delivered, and maintained in good working order, to the extent that such compensation is permitted by law. The Town’s liability shall in no event include liability for incidental, special or consequential damages or lost profits or for damages of loss from causes beyond the Town’s reasonable control.

10. Statutory Compliance:

10.1 This Contract will be constructed and governed by the provisions of applicable federal, state and local laws and regulations and wherever any provision of this Contract or Contract Documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract.

10.2 Wherever applicable law mandates the inclusion of any term or provision into a municipal contract, this section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

10.3 Bonds. Pursuant to MGL c. 149, s. 29, the Contractor must provide a payment bond in the amount of 50% of the Contract Price issued by a surety licensed to do business in the Commonwealth of Massachusetts within 10 days of the notice of award of this Contract.

11. Conflict of Interest: Both the Town and the Vendor stipulate to the applicability of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Vendor shall be deemed to have investigated the law’s applicability to the performance of this Contract, and, by executing the Contract, the Vendor certifies to the Town that neither it nor its agents, employees, or Subcontractors, are in violation of General Laws Chapter 268A.

12. Certification of Tax Compliance: By execution of this Contract the Vendor, pursuant to Section 49A of Chapter 62C of the Massachusetts General Laws, certifies under the penalties of perjury that it has, to the best knowledge and belief of the person(s) who signed this Contract on the vendor’s behalf, filed all state tax returns and paid all state taxes required under law.

13. Indemnification:

13.1 To the fullest extent permitted by law the Vendor shall indemnify and defend and save harmless the Town and all of its officers, agents and employees, against all suits, demands, claims, judgments or liability of every name, nature, and description arising out of, relating to, or in consequence of the acts or omissions of the Vendor, or any subcontractor, in the performance of the work covered by the Contract or the failure to comply with the terms and conditions thereof; and the Vendor shall at its own cost and expense defend any and all such suits and actions.

13.2 The Vendor further covenants to indemnify, defend and hold harmless the Town, its officers, agents, and employees from and against each and every demand, claim, judgment or liability for or on account of the use of any patented invention, article or appliance included in the materials and equipment agreed to be furnished, supplied or used under this Contract.

14. Termination:

14.1 If the Vendor shall be adjudged as bankrupt, or if it shall make a general assignment for the benefit of its creditors, or if a receiver of its property shall be appointed, or if the Contract or any claim thereunder shall be assigned by the Vendor otherwise than as herein specified, or that the Vendor has violated any of the provisions of the Contract, the Town may notify the Vendor to cancel all orders and the Town may thereupon terminate the contract. In such case, the Vendor shall not be entitled to receive any further payment until the goods have been purchased. If the unpaid balance of the contract price shall exceed the expense of procuring the goods elsewhere, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Vendor. If such expenses shall exceed such unpaid balances, the Vendor shall pay the difference to the Town. The obligation for payment shall survive the termination of the Contract.

14.2 The Vendor shall not be relieved of liability to the Town by virtue of any termination of this Contract, and any claim for damages against the Vendor relating to the Vendor’s performance under this Contract shall survive any termination hereunder.

14.3 Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven (7) days written notice to the Vendor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Vendor and accepted by the Town to the termination date.

15. Taxes: The Town is exempt from payment of certain Sales and Use taxes applicable in the Commonwealth of Massachusetts. At the Vendor’s request, Tax Exemption Certificates will be furnished by the Town to the Vendor with respect to such tax exempt articles as may be required under this Agreement. The Vendor shall not pay, and the Town shall not reimburse or pay the Vendor or any other party either directly or indirectly for any tax for which an exemption is provided under law.

16. Assignment: Assignment of this Contract is prohibited, unless assignment is provided for expressly in the Contract Documents.

17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of Monterey shall be individually or personally liable on any obligation of the Town under this Contract.

18. Notices: Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Vendor shall be deemed sufficient if sent to the address set forth in the Contract.

Notice to the Town shall be deemed sufficient if sent to the Town Administrator, P.O. Box 308, Monterey, MA 01245.

19. Binding on Successors: This contract shall be binding upon the Vendors, its assigns, transferees, and/or successors in interest and, where not corporate, the heirs and estate of the Vendor.

20. Severability: If any provision of this contract shall be found invalid for any reason, such invalidity shall be construed as narrowly as possible and the balance of the contract shall be deemed to be amended to the minimum extent necessary to provide to the parties substantially the benefits set forth in this contract.

21. Certification of Non-Debarment or Suspension: By execution of this Contract, the Vendor, pursuant to Massachusetts General Laws Chapter 29, Section 29F, certifies under the penalties of perjury that it is not presently debarred or suspended from doing public construction work in the Commonwealth pursuant to said section, or any applicable debarment or suspension provisions of any other chapter of the Massachusetts General Laws or any rule or regulation promulgated thereunder.

22. Amendments: This Contract may be amended or modified only by written instrument duly executed by the parties.

23. Independent Contractor: The Vendor is not an employee or agent of the Town but is an independent contractor.

24. No Privity of Contract Between Town and Other Parties: Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Town and any person or entity other than the Vendor.

TOWN: VENDOR:

By: By:

Title: Title:

Date Signed: Date Signed:

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under the pains and penalties of perjury that this contract has been obtained 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, partnerships, corporation, union, committee, club, or other organization, entity, or group of individuals.

Name of Business: _______________________________

Signature: _______________________________

Name of Person signing Bid: _______________________________

CERTIFICATE OF COMPLIANCE WITH TAX LAWS

Pursuant to Commonwealth of Massachusetts General Laws, Chapter 62C, Section 49A, I certify under the penalties of perjury that, _________________________________________

(Contractor) is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

(Contractor)

By:______________________________________

Contractor’s Federal Tax I.D. No. _____________