Bituminous Concrete (Asphalt), Summer Mix, Picked Up by the City, 2026-2027

The City of Waltham
Invites
Interested Parties
To propose the best offer and or bid
For the service or product herewith described:
Bituminous Concrete (Asphalt) SUMMER MIX
Picked up by the City 2026-27
VIRTUAL/ZOOM bid opening will be held:
10:00AM MONDAY MAY 11th, 2026
Phone: 781-314-3244, Fax: 781-314-3245

Intent of Project
The Purchasing Department of the City of Waltham wishes to purchase
Bituminous Concrete, Summer Mix, picked up by the City as needed
to be used from approximately April through December.
All eligible Bidder's must be within a 2 5 mile radius of
Waltham , MA 02452

INVITATION TO BID
BITUMINOUS CONCRETE
Sealed bids for furnishing BITUMINOUS CONCRETE to the City of Waltham will be received at the Office
of the Purchasing Agent, City Hall, 610 Main Street, Waltham, MA, 02452, until 10:00AM Monday May 11th,
2026 at which time they will be opened and read via Zoom, see our website for details.
Bids shall be submitted on the Price form furnished and in a sealed envelope marked on the outside with
the bid title and the bidder's name.
Bid prices shall include pick up by the various Waltham Departments as may be required for the duration
of the Contract, approx. April through December. Sworn-weight slips shall be provided to the City with every pick
up. The bid quantity is an estimate only and the City reserves the right to increase or decrease the quantity in
accordance with its actual requirements. Liquid Asphalt Price Escalation/De-Escalation Clause does apply.
The City may require samples of the Product offered prior to contract. Purchases by the City are exempt
from federal, state and municipal sales and excise taxes.
The City will award a primary contract and a secondary contract with a 25-mile radius to Waltham,
02452. The primary contract will go to the lowest responsive and responsible bidder for Bituminous Concrete.
A secondary contract will go to the lowest responsive and responsible bidder for Bituminous Concrete. Awards
will be issued within thirty (30) business days of the bid opening.
A 5% Bid Bond or Certified Check must accompany each bid submitted and made payable to, and become
the property of the City of Waltham, if the successful bidder refuses or neglects to comply with the terms of
the Contract.
The successful bidder will be required to provide a certificate of General Liability and Vehicle Liability
Insurance in the amount of $500,000 per occurrence and $ 1,000,000 in the aggregate and workers compensation
insurance.
The City reserves the right to reject any and all bids, in whole or in part, and to make awards as it
determines to be in the best interest of the City.
VIRTUAL BID OPENINGS
Bid openings will be conducted virtually via Zoom. Please see our City's website for Meeting information.
Bid results will be emailed to all vendors of record soon after the bid closes. A copy will be posted in the City web
site, under the title of the bid of your interest. The bid document section you requested will be scanned over to
your email address.
Crystal Philpott,
Purchasing Agent
Tel: 781 -314-3244,
Email: cphilpott@city.waltham.ma.us

AGREEMENT
CITY OF WALTHAM
ARTICLE 1. This agreement, made this _______ day of ____________, 2026 by and between
the CITY OF WALTHAM, party of the first part, hereinafter called the CITY, by its MAYOR, and
______________________________________________________________________________
______________________________________________________________________________
hereinafter called the CONTRACTOR.
ARTICLE 2. Witnesseth, that the parties to this agreement, each in consideration of the
agreement on the part of the others herein contained, do hereby agree, the CITY OF WALTHAM for
itself, and said contractor for his heirs, executors, administrators and assigns as follows:
To furnish all equipment, machinery, tools and labor, to furnish and deliver all materials required to
be furnished (except as otherwise specified) and deliver in and about the project and to do and
perform all work in strict conformity with the provisions of this Contract and of the Invitation to Bid,
Intent of Project, Instructions, General Conditions, Specifications and Bid Price Form hereto annexed.
The said Invitation to Bid, Intent of Project, Instructions, General Conditions, Specifications and Bid
Price Form are hereby made a part of this contract as fully and to the same effect as if the same had
been set forth at length and incorporated in the contracts.
ARTICLE 3. In consideration of the foregoing premises the CITY agrees to pay and the
CONTRACTOR agrees to receive as full compensation for everything furnished and done by the
CONTRACTOR under this contract, including all work required by not included in the items herein
mentioned, and also for all loss or damage arising out of the nature of the work aforesaid, or from
the action of the elements, or from any unforeseen obstruction or difficulty encountered in the
prosecution of the work, and for all expenses incurred by or in consequence of the suspension or
discontinuance of the work specified, and for well and faithfully completing the work, and the whole
thereof, as herein provided, such prices as are set forth in the accompanying bid.
This Agreement entered into as of the day and year first written above.

CITY OF WALTHAM, MASSACHUSETTS FOR THE COMPANY
FOR THE CITY
___________________________ _______________________________
Jeannette A. McCarthy, MAYOR, CONTRACTOR (Signature),
City of Waltham _______________________________
Date: ___________ Company
______________________________
______________________________ Address
Katherine Laughman, City Solicitor Date: _________
Date: ___________
APPROVED AS TO FORM ONLY
______________________________
Michael Chiasson, Director of Public Works
Date: ___________
______________________________
Crystal Philpott, Acting Purchasing Agent
Date: ___________
______________________________
Paul Centofanti, Auditor
Date: ___________
I CERTIFY THAT SUFFICIENT FUNDS
ARE AVAILABLE FOR THIS CONTRACT

INSTRUCTIONS FOR BIDDERS
1. READ ALL DOCUMENTS.
Bidders should familiarize themselves with all the documents contained herein; it is mandatory
that all Bids be in compliance with all the provisions contained in said documents.
2. FORMS AND ATTACHMENTS.
Bids are to be completed on the forms provided ONLY and enclosed in a sealed envelope marked
on the outside "BID (title)" and the name and address of bidder. Attachments submitted in
addition to the Waltham Purchasing Department produced forms may not be considered.
3. PRINTED OR TYPED RESPONSE.
All information must be typewritten or printed in ink, including the price the bidder offers in the
space as provided on the bid form.
4. CORRECTIONS.
Bids that are submitted containing cross outs, white outs or erasures, will be rejected. All
corrections or modifications to the original bid are to be submitted in a separate envelope,
properly marked on the outside, "CORRECTION/ MODIFICATION TO BID (title)" and submitted
prior to the bid opening.
ALL DOCUMENTS SUBMITTED WITH YOUR RESPONSE WILL BE INCORPORATED INTO THE
CONTRACT.
5. PRICE IS ALL INCLUSIVE.
Bid prices shall encompass everything necessary for furnishing all items, materials, supplies or
services as specified, and in accordance with the specifications, including proper packing, cost of
delivery, and in the case of services, completion of same, as per specifications.
6. PRICE DISCREPANCY.
In the event of a discrepancy between the Unit Price and the Extension, the Unit Price shall
prevail.
7. EXCEPTIONS
No Exceptions will be acceptable to the City. The City's intent is to purchase precisely what is
specified in the document. Only equal or better grade specifications shall be considered by the
City.
8. BID DEPOSITS.
Bid deposits are to be made payable to the City of Waltham. In the event that the successful
bidder fails to execute a Contract within (10) days of the receipt of said contract, such security
shall be retained by the city as liquidated damages. Unsuccessful bidders' deposits will be
returned immediately following the award to said successful bidder.
9. WITHDRAW.
A Bid may be withdrawn by written request prior to the schedule for the Bid Opening. No
withdrawals are permitted after the bid opening date and time. Withdrawals after the bid
opening date will cause the forfeit of the bid Deposit.

10. AWARD.
Bids will be awarded not later than (90) ninety days after the scheduled bid opening date, unless
otherwise stated, in the specifications. Unless otherwise specified, bids will be evaluated on the
basis of, completeness of your RFP response, responsiveness, responsibility, best price and
experience.
11. AWARD CRITERIA.
Qualified and responsive proposals will be evaluated based on the following rating, which will
apply to all Price, Technical, and Compliance requirements.
12. TAX EXEMPT.
Purchases by the City of Waltham are exempt from any Federal, State or Massachusetts
Municipal Sales and/or Excise Taxes.
13. SAMPLES.
The Waltham Purchasing Department may require the submission of samples either before or
after the awarding of a contract. Samples are to be submitted, at no charge to the City, so as to
ascertain the product's suitability. If specifically stated in the Bid that samples are required, said
samples must be submitted with the Bid prior to the Official Bid Opening. Failure to submit said
samples would be cause for rejection of Bid. All samples must be called for and picked up within
(30) thirty days of award or said samples will be presumed abandoned and will be disposed of.
14. ACTIVE VENDOR LIST.
Vendors who wish to remain on the Active Bid List must either submit a Bid, No Bid, or a letter
requesting same, no later than the Official Bid Opening. This is applicable to those vendors who
have received the Invitation to Bid.
15. FUNDS APPROPRIATION.
The contract obligation on behalf of the City is subject to prior appropriation of monies from the
governmental body and authorization by the Mayor.
16. THE AWARDING AUTHORITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, OR ANY PART OF
ANY BID, WHICH IN THE OPINION OF THE AWARDING AUTHORITY, IS IN THE BEST INTERESTS OF
THE CITY OF WALTHAM.
17. THE TAX ATTESTATION CLAUSE, CERTIFICATION OF NON-COLLUSION AND THE CORPORATION
INFORMATION, are an integral part of the Invitation for Bid and must be completed and signed
by the person submitting the Bid, or by the person/persons who are officially authorized to do
so.
18. STANDARD OF QUALITY.
Where, in the specifications, one certain kind, type, catalog number, brand or manufacturer of
material is named, it shall be regarded as the required standard of quality. Where two or more
are named, these are presumed to be equal and the Bidder may select one or the other. If the
Bidder proposes to offer a substitute as an equal, he shall so indicate on the Bid Form, the kind,
type, catalog number, brand, or manufacturer of material that is offered as an equal, and
describe where it differs from the specifications. Substituted items must be capable of
performing all the functions and/or operational features described or indicated in the

specifications. Failure to indicate the description of any substitute item on the Bid will be
interpreted to mean that the Bidder will furnish the item or service as specified.
19. MODIFICATION.
No agreement, understanding, alteration or variation of the agreement, terms or provisions
herein contained shall bind the parties, hereto unless made and executed in writing by the
parties hereto.
20. ASSIGNMENT.
The final payment for work done under this Contract shall be made only after the Contractor has
signed a statement under the penalty of perjury, certifying that he has completed the work
described in the final estimate. Neither party hereto shall assign this Contract or sublet it in part
or as a whole without the prior written consent of the other party hereto. The Contractor shall
not assign any sum or sums due or becoming due to him hereunder without the prior written
consent of the City.
21. DELIVERIES:
a) The Contractor shall pay all freight and delivery charges. The Waltham Purchasing
Department does not pay for shipping and packaging expenses. Items must be delivered as
stipulated in the specifications. All deliveries must be made to the inside of city buildings.
Sidewalk deliveries will not be accepted. City personnel are not required to assist in the
deliveries and contractors are cautioned to notify their shippers that adequate assistance must
be provided at the point of delivery, when necessary.
b) All items must be delivered, in place and ready for use. Deliveries are to be made
between the hours of 8:30 a.m. and 3:00 p.m., Monday through Friday, except on holidays.
c) All damaged items, or items which do not comply with specifications will not be
accepted and title therefore will not vest to the Waltham Purchasing Department until such
items are accepted and signed for, in good order, by the receiving department.
d) The contractor must replace, without further cost to the Waltham Purchasing
Department, such damaged or non-complying items before payment will be made.
22. GUARANTEES.
Unless otherwise stipulated in the specifications, furniture, equipment and similar durable items
shall be guaranteed by the contractor for a period of not less than one year from the date of
delivery and acceptance by the receiving department. In addition, the manufacturer's guarantee
shall be furnished. Any items provided under this contract which are or become defective
during the guarantee period shall be replaced the contractor free of charge with the specific
understanding that all replacements shall carry the same guarantee as the original equipment.
The contractor shall make such replacement immediately upon receiving notice from the
Purchasing Agent.
23. SINGLE VENDOR.
The Waltham Purchasing Department desires to award a single contract based on the Grand
Total Price. However, where applicable, the City reserves the right to make multiple awards on a
unit price basis if, in the opinion of the Waltham Purchasing Department, it is in the best interest
of the Waltham Purchasing Department.

24. BEST AND FINAL OFFER.
The Waltham Purchasing Department reserves the right to request best and final offers from
one or more bidders. Best and final offer will be exercised should the CPO deem it is in the best
interest of the Waltham Purchasing Department in order to obtain the best value.
29. BID OPENING INCLEMENT WEATHER
If, at the time of the originally scheduled bid opening, City Hall is closed to inclement weather or
another unforeseeable event, the bid opening will be extended until 2:00 PM on the next normal
business day. Bids will be accepted until that date and time.
30. TIE BREAK
In the event of a tie where both vendors were responsive and responsible the vendors with a tie
agree to a coin toss to determine the winner. The Coin toss will be executed in the presence of
both vendors and a witness from the Purchasing Office. The coin will be flipped by the Chief
Procurement Officer in the presence of the two bidders. A written record of the process used
will be provided, including the results and the names of those participating. The low bidders
shall sign an agreement stating that they will abide by the results of the tie breaker. As an
alternative, you may allow for a "second round" between the tied vendors.

GENERAL CONDITIONS