Supply & Deliver Type K Copper Tubing

Agency:	City of Newton
State:	Massachusetts
Type of Government:	State & Local
NAICS Category:	423510 - Metal Service Centers and Other Metal Merchant Wholesalers 423720 - Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers 423840 - Industrial Supplies Merchant Wholesalers
Posted Date:	Nov 30, 2023
Due Date:	Dec 14, 2023
Solicitation No:	24-35
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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CITY OF NEWTON

PURCHASING DEPARTMENT

CONTRACT FOR PUBLIC WORKS – UTILITIES DIVISION

PROJECT MANUAL:

SUPPLY & DELIVER TYPE K COPPER TUBING

1”, 1 1/2”, & 2”

INVITATION FOR BID #24-35

Bid Opening Date: December 14, 2023, at 10:30 a.m.

NOVEMBER 2023

Ruthanne Fuller, Mayor

CITY OF NEWTON

PURCHASING DEPARTMENT

INVITATION FOR BID #24-35

The City of Newton (City) invites sealed bids in accordance with M.G.L. c.30B from bidders to

SUPPLY & DELIVER

TYPE K COPPER TUBING – 1”, 1 1/2”, & 2” (Delivered)

Bids will be received until:

10:30 a.m., Thursday, December 14, 2023

at the Purchasing Department, Room 108, Newton City Hall, 1000 Commonwealth Avenue, Newton, MA 02459. Bids will not be

accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for bids. Following the deadline for bids,

all bids received within the time specified will be publicly opened and read aloud.

Work under this contract requires the bidder to supply and deliver Type K Copper Tubing - 1”, 1 1/2”, & 2”. The DELIVERY

SCHEDULE will be on an as needed basis for a period of 90 calendar days, from the date of contract execution.

Deliveries shall consist of no more than 12 rolls of copper tubing per pallet and must be delivered on an open body vehicle.

Award will be made to the lowest responsible,and responsive bidder for supplies based on the Total Contract Price. Any bidder not

providing prices for all line items may be deemed unresponsive and therefore rejected. Delivery of supplies is required to start

upon the execution of this contract. The dollar value of the contract may be increased only in accordance with M.G.L. c.30B, §13,

and then by an aggregate amount not more than twenty five percent (25%) of the contract total.

Contract Documents will be available online at www.newtonma.gov/bids. or pickup at Newton City Hall, Purchasing, Room 108,

1000 Commonwealth Avenue, Newton Centre, MA 02459 after 10:00 a.m. on November 30, 2023.

Bid surety is not required for this bid. All bids are subject to the provisions of M.G.L. Chapter 30B.

All bids must be submitted with one (1) ORIGINAL and one (1) COPY. All prices shall be FOB Delivered Newton, MA.

Bidders’ attention is directed to the requirements of the City of Newton Supplemental Equal Employment Opportunity, Anit-

Discriminitation and Affirmative Action Program and also to the Minority/Women Business Enterprise Plan, December 1999,

which are available on the City’s Purchasing Department’s web page.

All City of Newton bids are available on the City’s web site, www.newtonma.gov/bids. It is the sole responsibility of the Vendor

downloading these bids to ensure they have received any and all addenda prior to the bid opening. Addenda’s will be available

online within the original bid document as well as a separate file. If you download bids from the internet site and would like to

make it known that your company has done so, email purchasing@newtonma.gov or fax Purchasing at 617-796-1227 with your

NAME, ADDRESS, PHONE, FAX AND INVITATION FOR BID #24-35.

The City may reject any and all proposals in accordance with applicable law. In addition, the City reserves the right to waive

minor informalities in any or all bids, or to reject any or all proposals (in whole or in part) if it be in the public interest to do so.

In the event that any person wishes to attend a bid opening or pre-bid meeting, accessible and reasonable accommodations will be

provided to persons requiring assistance. If you need a reasonable accommodation, please contact the city of Newton’s ADA

Coordinator, Jini Fairley, at least two business days in advance of the meeting: jfairley@newtonma.gov or (617) 796-1253. For

Telecommunications Relay Service, please dial 711.

CITY OF NEWTON

Nicholas Read

Chief Procurement Officer

November 30, 2023

Project Manual #24-35 - Supply & Deliver Type K Copper Tubing – 1”, 1 1/2”, & 2”

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CITY OF NEWTON

DEPARTMENT OF PURCHASING

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that the Bidder

has read and understands the Bidding Documents, Contract Forms, General Conditions, Conditions of the Contract, General

Requirements and Project Specifications (collectively, referred to as the “Contract Documents”) and the bid is made in

accordance therewith.

1.2 Failure to so examine the Contract Documents will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - REQUEST FOR INTERPRETATION

2.1 Bidders shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination

of the Contract Documents, the site, and local conditions, as applicable.

2.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Chief

Procurement Officer, at purchasing@newtonma.gov or via facsimile (617) 796-1227. The City will only answer such

requests if received by Friday, December 8, 2023 at 12:00 noon. In the event that the bid opening date is changed, the

deadline for informational requests may also change as provided in an addendum issued by the City.

2.3 Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the

Contract Documents. The City will not be held accountable for any oral communication.

2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents. Addenda will

be emailed to every individual or firm on record as having taken a set of Contract Documents. Receipt of all addenda

issued must be acknowledged in the Bid Form. YOUR FAILURE TO ACKNOWLEDGE ALL ADDENDA MAY

RESULT IN YOUR BID BEING REJECTED AS NON-RESPONSIVE.

2.5 Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract

Documents are on file, in addition to being available online at www.newtonma.gov/bids.

2.6 Bidders or proposers contacting ANY CITY EMPLOYEE regarding an Invitation for Bid (IFB), outside of the

Purchasing Department, once an IFB or RFP has been released, may be disqualified from the procurement process.

2.7 Bidders downloading information off the internet web site are solely responsible for obtaining any addenda prior to the

bid opening. If the bidder makes itself known to the Purchasing Department, at purchasing@newtonma.gov or via

facsimile (617) 796-1227, it shall be placed on the bidder’s list. Bidders must provide the Purchasing Department with

their company’s name, street address, city, state, zip, phone, fax, email address and INVITATION FOR BID #24-35.

ARTICLE 3 - MBE PARTICIPATION

3.1 Notice is hereby given that the Mayor’s Affirmative Action Plan for the City of Newton in effect at the time of this

solicitation is applicable to all construction contracts in excess of $10,000.00.

3.2 Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan and the Supplemental Equal

Employment Opportunity Anti-Discrimination and Affirmative Action Program in effect at the time of this solicitation are

applicable to all City contracts for goods and services in excess of $50,000.00.

3.3 Copies of the Plans and Program referred to in Sections 3.1 and 3.2 are available at: www.newtonma.gov/purchasing.

Project Manual #24-35 - Supply & Deliver Type K Copper Tubing – 1”, 1 1/2”, & 2”

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ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids shall be submitted on the "Bid Form #24-35," attached.

4.2 All entries on the Bid Form shall be made by typewriter or in ink.

4.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy

between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

4.4 The Bid, including the bid deposit shall be enclosed in a sealed envelope with the following plainly marked on the outside:

* GENERAL BID FOR: #24-35

* NAME OF PROJECT: Supply and Deliver Type K Copper Tubing – 1”, 1 1/2”, & 2”

* BIDDER'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER

4.5 Date and time for receipt of bids is set forth in the Invitation for Bids.

4.6 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that Newton

City Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next

business day following that the Newton City Hall and the Purchasing Department are open.

4.7 Bids shall be submitted with one (1) original and one (1) copy.

4.8 Massachusetts law requires all employees who work on Massachusetts public works construction sites must have no

Less than 10 hours of OSHA-approved safety and health training. See M.G.L. c.30, §39M( c), M.G.L. c.30, §39S(a)(1),

M.G.L. c.149, §44E(2) & M.G.L. c.149, §44F(2).

1. This requirement will apply to any general bid or sub bid submitted.

2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor

who is in violation to this requirement and to restrain the performance of these contracts by non-complying contractors.

3. The contractor and all subcontractors on this project must certify on the Bid Form compliance with the applicable

requirement. Non-compliance with this law will disqualify the bidder.

ARTICLE 5 - ALTERNATES

5.1 Each Bidder shall acknowledge alternates (if any) in Section C on the Bid Form.

5.2 In the event an alternate does not involve a change in the amount of the base bid, the Bidder shall so indicated by writing

"No Change", or "N/C" or "0" in the space provided for that alternate.

5.3 Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of the amount for work performed

by the Vendor.

5.4 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.

ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or electronic request. Electronic

withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and

time set for receipt of bids.

6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

6.3 No bids may be withdrawn within sixty (60) days, Saturdays, Sundays and legal holidays excluded, after the opening of the

bids.

Project Manual #24-35 - Supply & Deliver Type K Copper Tubing – 1”, 1 1/2”, & 2”

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ARTICLE 7 - CONTRACT AWARD

7.1 The City is soliciting prices for items set forth in the Bid Form #24-35. It is the City’s intent to award one (1) contract to

the responsive and responsible bidder which submits the lowest Total Contract Price in its Bid Form #24-35. A contract

will be awarded within sixty (60) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

7.2 The City reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do

so.

7.3 The City reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments,

or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment

agreement with the collector-treasurer.

7.4 As used herein, the term "lowest responsible and responsive Bidder" shall mean the Bidder (1) whose bid is the lowest of

those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met

all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony

with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B

of chapter twenty-nine apply, shall have been determined to be qualified thereunder.

7.5 Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed

forms are presented for signature, the successful Bidder shall execute and deliver to the City a contract in the form included

in the Contract Documents in such number of counterparts as the City may require.

7.6 In the event that the City receives low bids in identical amount from two or more responsive and responsible Bidders, the

City shall select the successful Bidder by a blind selection process chosen by the City such as flipping a coin or drawing

names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

ARTICLE 8 - TAXES

8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this

Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

8.2 The City is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid.

The City’s exemption Number is E-046-001-404.

ARTICLE 9 – PROPRIETARY SPECIFICATIONS

9.1 The City may have used a proprietary specification to describe the supply for which is soliciting bids. Such specifications

are permitted under M.G.L. c. 30B, §14, provided that the Chief Procurement Officer has prepared a written statement that

no other manner of description suffices and the justification therefor.

9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with

the Massachusetts Public Records Law, M.G.L. c. 66, §10.

END OF SECTION

Project Manual #24-35 - Supply & Deliver Type K Copper Tubing – 1”, 1 1/2”, & 2”

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Supply & Deliver Type K Copper Tubing

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