Administration & Finance – Purchasing Division
Christopher J. Gagliastro, MCPPO – Purchasing Director
455 Main Street, Room 201, Worcester, MA 01608
P | 508-799-1220
purchasing@worcesterma.gov
www.worcesterma.gov
Christopher J. Gagliastro, MCPPO
Purchasing Agent
RFP NO. CR-8137-W4
ISSUANCE DATE: 1/17/2024
BUYER: Christopher J. Gagliastro
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
REQUEST FOR PROPOSALS
NOTICE TO PROPOSERS
RFP TITLE: Aquatic Facilities Staffing Services / DPWP
REFER TO PAGE 7 FOR PROPOSAL SUBMISSION INFORMATION
General Conditions:
All proposals are subject to the terms, conditions and specifications herein set forth:
1. Scope: Provide aquatic facilities staffing services (pools & beaches) as per the
attached requirements and specifications of the Department of Public Works &
Parks for a period from date of contract through December 31, 2026.
2. A certified check or bid bond made payable to the "City Treasurer, City of Worcester" in the
amount of N/A_ must accompany this proposal. This must be submitted under separate
sealed cover marked "Proposal Security." In the case of default, the surety shall be forfeited
to the City as liquidated damages.
3. All terms and conditions are applicable to this proposal except the following section(s) which
are hereby deleted from this RFP: 4, 27________
4. A performance bond in the amount of N/A____ will be required. If this proposal is accepted
by the City and the Proposer shall fail to contract as set forth in these requirements and to
give a bond in the aforementioned amount, within ten (10) days, (not including Sundays,
Saturdays, or a legal Holiday) from the date of the mailing of a notice from the City to the
Proposer, according to the address given herewith, that the contract is ready for signature,
the City may by option determine that the proposer has abandoned the contract and
thereupon the proposal and acceptance shall be null and void and the proposal security
accompanying this proposal shall become the property of the City as liquidated
damages.
FORM – 30B (RFP) -11-07 PAGE NO.1
Any prospective proposer requesting a change in or interpretation of existing
specifications or terms and conditions must do so within 5 days (Saturdays,
Sundays, and Legal Holidays excluded) before scheduled proposal opening
date. All requests are to be in writing to the Purchasing Division. No changes
will be considered or any interpretation issued unless request is in our hands
within 5 days (Saturdays, Sundays, and Legal Holidays excluded) before
scheduled proposal submission date.
Any inquiries related to technical or contractual matters must be submitted in
writing to:
Christopher J. Gagliastro, MCPPO
Purchasing Director
City of Worcester, City Hall
455 Main Street, Room 201
Worcester, MA 01608
gagliastroc@worcesterma.gov
5. Nothing herein is intended to exclude any responsible Proposer or in any way restrain
competition. All responsible Proposers are encouraged to submit proposals. The City
encourages participation by Minority and Women Owned Business Enterprises (M/WBE).
6. The following meanings are attached to the defined words when used in this RFP.
a) The word "City" means The City of Worcester, Massachusetts.
b) The word "Proposer" means the person, firm or corporation submitting
proposal on these specifications or any part thereof.
c) The word "Contractor" means the person, firm or corporation with whom the
contract is made by carrying out the provisions of these specifications and the
contract.
d) The words "Firm Price" shall mean a guarantee against price increase during
the life of the contract.
7. All proposals and other documents relating to this RFP are subject to the public records
provisions of M.G.L. c.30B, and shall remain confidential until the time specified in c.30B
section 6 (d).
8. All material submitted by vendors becomes the property of the City. The City is under no
obligations to return any of the material submitted by a vendor in response to this RFP.
9. Each vendor's proposal must remain in effect for at least 120 days from the deadline for its
submission. The City will decide upon acceptance within 120 days of submission.
10. It is understood and agreed that it shall be a material breach of any contract resulting from
this RFP for the Contractor to engage in any practice which shall violate any provision of
Massachusetts General Laws, Chapter 151B, relative to discrimination in hiring, discharge,
FORM – 30B (RFP) -11-07 PAGE NO.2
compensation, or terms, conditions or privileges of employment because of race, color,
religious creed, national origin, sex, age or ancestry.
11. The City reserves the right to accept or reject any or all of the proposals submitted and
waive informalities and technicalities.
12. The City will review and analyze each proposal, and reserve the right to interview selected
proposers. The City shall select the proposer, which in the City's opinion, has made the
proposal best suited to the needs and goals of the City and its operations and deemed to
be in compliance with the terms of this RFP.
13. The Contractor will be required to indemnify and save harmless the City of Worcester for all
damages to life and property that may occur due to his or her negligence or that of his or
her employees, subcontractors, etc. during the contract derived from this RFP.
14. The Contract Agreement will be drafted by the City's Law Department in compliance with
the terms of the RFP, and may incorporate the terms of this RFP and of the proposal
selected.
15. The Proposer must certify that no official or employee of the City of Worcester,
Massachusetts, is pecuniarily interested in this proposal or in the contract which the
proposer offers to execute or in expected profits to arise therefrom, unless there has been
compliance with the provisions of G.L.C. 43 section 27, and that this proposal is made in
good faith without fraud or collusion or connection with any other person submitting a
proposal.
16. Any proposal withdrawn after time and date specified, the proposer shall forfeit deposit on
proposal as liquidated damages.
17. A virtual vendor conference will be held as follows: February 7, 2024 at 10:30 AM see
specifications for further detail on locations_________
18. The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of any contract
which results from this RFP, or its right, title or interest therein or its power to execute the
same to any other person, firm, partnership, company or corporation without the previous
consent in writing of the City. Should the Contractor attempt any of the above without the
written consent of the City, the City reserves the right to declare the Contractor in default
and terminate the contract for cause.
19. The Contractor shall obtain and maintain in force at all times during the term of the contract
derived from this RFP, insurance coverage pertaining to Public Liability, Property Damage
and Worker's Compensation in the following types and amounts:
A) PUBLIC LIABILITY INSURANCE - Contractor to supply the City of Worcester
with certificates of insurance covering public liability in an amount not less than
$1,000,000.00 to any one person, and not less than $ 1,000,000.00 on account of
one accident.
FORM – 30B (RFP) -11-07 PAGE NO.3
B) PROPERTY DAMAGE INSURANCE - Contractor to supply the City with
certificates of insurance covering property damage in an amount not less than
$1,000,000.00 for damages on account of any one accident, and not less than $
2,000,000.00 on account of all accidents.
C) COMPENSATION INSURANCE - The Contractor shall furnish the City with
certificates showing that all its employees shall be connected with the management
operations are protected under worker's compensation insurance policies.
20. The Contractor shall carry Public Liability Insurance with an insurance company satisfactory
to the City so as to save the City harmless from any and all claims for damages arising out
of bodily injury to or death of any person or persons, and for all claims for damages arising
out of injury to or destruction of property caused by accident resulting from
the use
of implements, equipment or labor used in the performance of the contract or from any
neglect, default or omission, or want of proper care, or misconduct on the part of the
Contractor or for anyone in his or her employ during the execution of the contract derived
from this RFP.
21. Prior to starting on the contract derived from this RFP, the Contractor shall deposit with the
Purchasing Division, certificate from the insurer to the effect that the insurance policies
required in the above paragraph have been issued to the Contractor. The certificates must
be on a form satisfactory to the City.
22. All prices quoted must include inside delivery, and set-up in place F.O.B. destination to pre-
designated City of Worcester departments.
23. No special charges will be allowed for rigging, packing, crating, freight, express, or carriage
unless specifically stated and included in the vendor’s proposal.
24. The award to the successful proposer may be cancelled in the event of vendor
nonperformance as may be determined by the City.
25. The successful proposer shall comply with all applicable federal, state and local laws,
ordinances, and regulations. The awarded contract shall be governed under the laws of the
Commonwealth of Massachusetts.
26. Purchases made by the City are exempt from Federal and Massachusetts state taxes and
proposal prices must exclude any such taxes. Tax exemption certificates will be furnished
upon request.
27. When the contract is executed, a performance bond, in the full amount of the contract, is
required. See paragraph 4. The bond will be of a surety company qualified to do business
under the laws of the Commonwealth of Massachusetts. The cost of this bond is the vendor's
responsibility. Bonds shall remain in force and effect thru the performance of the contract.
FORM – 30B (RFP) -11-07 PAGE NO.4
28. Expenditures by the City and authorization to spend for particular purposes are made on
fiscal year basis. The City's fiscal year is the twelve month period ending June 30 of each
year. The obligations of the City under any agreement to be reached are subject to the
appropriation or authorization of the necessary funds. The City agrees to make reasonable
efforts to obtain funding and all necessary authorization.
29. No amendment to the contract shall be effective unless it is in writing and signed by
authorized representatives of both parties and is accepted by the City of Worcester.
30. The vendor (and its insurers, if any) shall bear all risk of loss or damage to the equipment
which occurs in transit to the user site. The risk of loss or damage to purchased equipment
shall remain with the vendor until the purchase price has been paid and title has passed.
The vendor shall also bear the risk of loss or damage to leased or rented equipment during
the City of Worcester's possession and use thereof subject, however to such conditions and
limitations as may be stated elsewhere in the contract.
31. The vendor shall not assign or in any way transfer any interest in the contract without the
prior written consent of the City provided, however, that claims for money due or to become
due to vendor from the City may be assigned to a bank, trust company, or other financial
institution without such consent so long as notice of such assignment is furnished promptly
to the City. Any such assignment shall be expressly made subject to all defenses, set-offs,
or counter-claims which would have been available to the City against the vendor in the
absence of such assignment.
32. None of the services to be provided by the vendor pursuant to the contract shall be
subcontracted or delegated to any other organization, association, individual, corporation,
partnership or other such entity without the prior written consent of the City. No subcontract
or delegation shall relieve or discharge the vendor from any obligation or liability under the
contract except as specifically set forth in the instrument of consent. Any subcontract to
which the City has consented shall be attached to the original of the contract on file in the
City of Worcester.
33. Neither party will be liable to the other or be deemed to be in breach of the contract for any
failure or delay in rendering performance arising out of causes beyond its reasonable control
and without its fault or negligence. Such causes may include but are not limited to, acts of
God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight,
embargoes, and unusually severe weather. If the vendor's failure to perform is caused by
the default of the subcontractor, and if such default arises out of causes beyond the
reasonable control of both the vendor and the subcontractor, and without the fault or
negligence of either of them, the vendor shall not be liable for any excess costs for failure
to perform, unless the equipment or services to be furnished by the subcontractor were
obtainable from other sources in sufficient time to permit the vendor to meet the required
delivery schedule. Dates or times of performance will be extended to the extent of delays
excused in this section, provided that the party whose performance is affected notifies the
other promptly of the existence and nature of such delay.
34. The vendor shall provide to the City of Worcester a warranty and a commitment which
clearly states that all equipment and services proposed and supplied by the Vendor, and/or
FORM – 30B (RFP) -11-07 PAGE NO.5
This page summarizes the opportunity, including an overview and a preview of the attached documents.