CITY OF WORCESTER
ROOM 201 - CITY HALL
PHONE (508) 799-1220
SEALED BID INVITATION
(Supplies, Material, Equipment, Services)
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
SEALED BID NO. CR-7922-M3
DATE: October 24, 2022
CITY OF WORCESTER
Christopher J. Gagliastro, MCPPO
BUYER: Maureen McKeon
NOTICE TO BIDDERS
TERMS AND CONDITIONS
All bids are subject to the terms and conditions and specificity herein set forth except where specifically deleted by the City
of Worcester in Section No. 6 below.
COMPLETE ORIGINAL COPY (including ALL pages) OF THIS BID MUST BE SUBMITTED IN A SEALED
November 9, 2022
TIME: 10:00 A.M. LOCAL TIME
Purchasing Division, Room 201, City Hall, Worcester, Massachusetts
MARK SEALED ENVELOPE "Sealed Bid No. CR-7922-M3, Yogurt / WPS"
The name and address of the bidder must appear in the upper left hand corner of the envelope. The City of Worcester is not
responsible for bids not properly marked.
1. This Bid Invitation covers: furnish and deliver yogurt as per the attached requirements and specifications of the City of
Worcester Public Schools for a two year period from the date of the contract. This contract may be renewed for a third
year at the sole discretion of the City, the option of which to be determined at the end of the first contract year (See Page
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 bid.
3. All bids received will be publicly opened and read in the Bid Room at City Hall at date and time shown above. NO BID
WILL BE ACCEPTED AFTER TIME AND DATE SPECIFIED
4. A performance bond in the amount of $___N/A________ of the total dollar award is required.
5. A payment bond in the amount of $______N/A_______ of the total dollar award is required.
6. All terms and conditions are applicable to this proposal except the following section numbers which are hereby deleted
from this invitation: all apply
7. Other: Please go to http://www.worcesterma.gov/e-services/bids/closed-bids to obtain results.
Questions pertaining to this bid must be directed to Maureen McKeon via e-mail at
8. The following meanings are attached to the defined words when used in this bid form.
a) The word “City” means The City of Worcester, Massachusetts.
b) The word “Bidder” means the person, firm or corporation submitting a bid 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.
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 1 of 12
d) The words “Firm Price” shall mean a guarantee against price increases during the life of the contract.
9. Any prospective bidder requesting a change in or interpretation of existing specifications of terms and conditions must do
so within five (5) days (Saturdays, Sundays and Holidays excluded) BEFORE scheduled bid opening date. All requests
are to be in writing to the Purchasing Division (or e-mailed at: email@example.com). No changes will be
considered or any interpretation issued unless the request is in our hands within five (5) days (Saturdays, Sundays and
Holidays excluded) BEFORE scheduled bid opening date.
10.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 negligence or that of his employees, subcontractors, etc., during this contract.
11.The Contract Agreement will be in the form customarily employed by the City of Worcester and is on file in the
Purchasing Division at City Hall.
12.Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected
as informal by the Purchasing Agent. Conditional bids will not be accepted.
13.The Bidder 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 bidder offers to execute or in expected profits to arise therefrom, unless there
has been compliance with provisions of G.L. C. 43 Sec. 27, and that this bid is made in good faith without fraud or
collusion or connection with any other person submitting a proposal.
14.As the City of Worcester is exempt from the payment of Federal Excise Taxes and Massachusetts Sales Tax, prices
quoted herein are not to include these taxes.
15.All prices are to be firm F.O.B. Destination, City of Worcester, Massachusetts, unless otherwise indicated by the City.
Time reserved for award is ninety days.
16.In case of error in the extension prices quoted herein, the unit price will govern.
17.It is understood and agreed that should any price reductions occur between the opening of this bid and delivery of any
order, the benefit of all such reductions will be extended to the City.
18.The City of Worcester reserves the right to reject any and all bids, wholly or in part, and to make awards in a manner
deemed in the best interest of the City.
19.Awards will be made to the bidder quoting the lowest net price in accordance with the specifications.
20.The supplier will be bound by all applicable statutory provisions of law of the Federal Government, the Commonwealth
of Massachusetts, the City of Worcester, and the Department of Public Safety of the Commonwealth of Massachusetts.
21.Any bid withdrawn after time and date specified, the bidder shall forfeit deposit on bid as liquidated damages.
22.The contractor will not be permitted to either assign or underlet the contract, not assign either legally or equitably any
monies hereunder, or its claim thereto without the previous written consent of the City Treasurer and of the Purchasing
Agent of the City of Worcester.
23.If this bid shall be accepted by the City, and the bidder shall fail to contract as aforesaid and to give a bond in the amount
as specified in Section 4, within ten (10) days, (not including Sunday or a legal Holiday) from the date of the mailing of a
notice from the City to him/her, according to the address given herewith, that the contract is ready for signature, the City
may by option determine that the bidder has abandoned the contract and thereupon the proposal and acceptance shall be
null and void and the bid security accompanying this proposal shall become the property of the City as liquidated
24.When quoting, the bidder shall submit a signed copy of this bid form, and if bid accepted by the City shall constitute part
of the contract of purchase. Do not detach any part of this form 30B (Sealed Bid Goods & Services) when submitting a
bid. Bidder must sign and return complete form 30B (Sealed Bid Goods & Services).
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 2 of 12
25.If in the judgment of the Purchasing Agent any property is needlessly damaged by an act or omission of the contractor or
his/her employees, servants or agent, the amount of such damages shall be determined by the Purchasing Agent of the
City of Worcester and such amount shall be deducted from any money due the contractor or may be recovered from said
contractor in actions at law.
26.It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents and/or Acts of God.
INSURANCE AND WORKER’S COMPENSATION
27.COMMERCIAL GENERAL LIABILITY INSURANCE: Contractor to supply the City of Worcester with certificates of
insurance evidencing general liability coverage of not less than $ 1,000,000.00 per occurrence / $ 2,000,000.00
28.AUTOMOBILE LIABILITY INSURANCE: Contractor to supply the City of Worcester with certificates of insurance
evidencing automobile liability coverage, bodily injury and property damage combined single limit, of $ 1,000,000.00
(all owned, hired, and non-owned autos).
29.COMPENSATION INSURANCE: The contractor shall furnish the City of Worcester with certificates showing that all of
his/her employees who shall be connected with this work are protected under statutory worker’s compensation insurance
30.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 our 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 contractor or from any neglect, default or omission, or
want of proper care, or misconduct on the part of the Contractor or for anyone of his employ during the execution of the
31.Prior to starting on this contract, the Contractor shall deposit with the Contracting Officer certificates from the insurer to
the effect that the insurance policies required in the above paragraphs have been issued to the Contractor. The certificates
must be on a form satisfactory to the Purchasing Agent.
32.Except as may otherwise be stated herein, the Contractor shall also carry bodily injury and property damage insurance in
an amount not less than those set forth above covering the operation of all motor powered vehicles owned or operated by
the Contractor and engaged in this contract.
33.Prompt-pay discounts will be considered when determining the low bid except when Prompt-pay discounts are for a
period of less than 30 days. In this event Prompt-pay discounts will not be taken into consideration when determining low
34.Time, in connection with discount offered, will be computed from date of completion and/or delivery and acceptance at
destination, or from date correct bill or voucher properly certified by the contract is received if the latter date is later than
the date of completion and acceptance and/or delivery and acceptance.
35.The bidder to who a contract is awarded guarantees to the City of Worcester all equipment, materials and or
workmanship for a period of one (1) year after final inspection and acceptance and shall replace promptly any defective
equipment, materials and/or workmanship required without additional cost to the City.
DELIVERIES AND COMPLETION
36.It is understood and agreed that in the event of failure on the part of the bidder to indicate date of delivery and/or
completion, delivery and/or completion will be made within twelve (12) days from date of notification. Should the
successful bidder fail to make delivery or complete contract within time specified, the City reserves the right to make the
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 3 of 12
purchase on such orders at the open market and charge any excess over contract price to the account of the successful
bidder, who shall pay the same.
37.The contractor shall familiarize himself with the location and facilities for storage.
38.The City through its Purchasing Division reserves the right to divert delivery from one location to another, and to allow
for any change in operating conditions or for any other cause not now foreseen and to proportion deliveries according to
available storage facilities.
SAMPLING AND ANALYSIS
39.Each bidder must state the commercial name of the product quoted, name, and address of operator or agent from whom
the product will be purchased and in addition shall furnish an analysis of the product, date of analysis, by whom made
and their address.
40.Samples of the product to be delivered may be taken by a representative of the City, either prior to delivery or while it is
being delivered in the storage facilities at destination, or will be taken from the storage facilities to which the product has
been delivered as determined from time to time by the Purchasing Agent. Bidder agrees to furnish the necessary manual
labor, without additional cost required to assemble the physical samples, which is to be performed under the direction of
the City representative.
41.The representative of the City taking the samples shall be given the opportunity, while sampling, to affix his or her
signature to the delivery slip each item represented in his/her sample.
42.Any product after the sampling and analysis, not found meeting the requirements of the contract shall be sufficient cause
for the cancellation of the contract at the option of the Purchasing Agent.
43.If any product is found that does not meet the analysis submitted by the bidder in his/her proposal, the Purchasing Agent
may, at his or her option, exercise his/her right to reject the product and require that all or any part thereof shall be
removed promptly by and at the expense of the contractor and replace it forthwith with a product satisfactory to the
Purchasing Agent, or to retain the product and compensate the contractor in an amount as determined by the Purchasing
Agent and the City Manager.
44.It is understood and agreed that it shall be a material breach of any contract resulting from this bid for the Contractor to
engage in any practice which shall violate any provisions of Massachusetts General Laws, Chapter 151B, relative to
discrimination in hiring, discharge, compensation, or terms, conditions or privileges of employment because of race,
color, religious creed, national origin, sex, age or ancestry.
45.The undersigned as bidder, declares that the only parties interested in this proposal as principals are named herein; that
this proposal is made without collusion with any other person, firm or corporation, that no officer or agent of the City is
directly or indirectly interested in this bid; and he/she proposes and agrees that if this proposal is accepted he/she will
contract with the City in accordance with the specifications, also the terms and conditions as spelled out in this bid form.
46.No Person, including but not limited to corporations, partnerships, limited partnerships or limited liability corporations,
shall be eligible to receive a contract under this invitation to bid and/or requires for proposal if that person has been
convicted of any felony offense involving the distribution of controlled substances as that term is defined under Chapter
94C of the General Laws and, for contracts to be performed for on-site services to the Worcester Public Schools, if that
person or any person to be employed by that person in the performance of such on-site services has been convicted of a
“sex offense” or a “sex offense involving a child” or a “sexually violent offense” or would meet the definition of
“sexually violent predator” as those terms are defined in Section 178C of the General Laws and who must register with
the sex offender registry board.
47.The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ for
work or services relating to this contract any unfit person or anyone not skilled in the task assigned to him. In light of the
fact that the performance of this contract requires the Contractor and its employees to have significant interaction with
the public, the Contractor shall require all employees who may perform services under this contract to conduct
themselves in a courteous, professional manner. If the Contractor is notified by the Contract Officer that any person
engaged upon the work is incompetent, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, then such person
FORM 30B (Sealed Bid Goods & Services)-11-07 Page 4 of 12
shall be discharged from providing services or work pursuant to this contract. Without limiting the generality of the
foregoing, intimidation, threats and/or violent conduct of any kind or nature directed to members of the public are
absolutely prohibited. Failure to comply with this requirement shall be grounds for termination of the contract.
48.The Contractor’s performance may be evaluated on an ongoing basis including but not limited to consideration of
complaints received from members of the public. In order to facilitate this evaluation, the Contractor shall provide the
City with documents and records upon request. The Contractor shall further obtain from its employees authorization that
appropriate City personnel may obtain all available criminal offender information (“CORI”) from the Criminal History
Systems Board. A high number of unresolved complaints, any number of complaints that are particularly severe, or
employment of individuals who have been convicted or assault or other violent crimes shall be grounds for the early
termination or non-renewal of the contract by the City.
49.The procurement officer shall award the contract to the lowest responsible and responsive bidder. The term “responsible
bidder” means “a person who has the capability to perform fully the contract requirements, and the integrity and
reliability which assures good faith performance.” Consistent with its duty to maintain public order and promote public
safety, the City has determined that this contract is of a type and nature so as to be particularly sensitive due, at least in
part, to the contractor’s inherent access and dealings with the members of the general public. Therefore, the City has
concluded that additional scrutiny is justified as it determines whether a particular bidder is responsible, having the
integrity and reliability to properly perform the requested services. This may entail consideration of the contractor’s
system of oversight, training and supervision of its employees, including but not limited to its requirement of a high
standard of customer service and courtesy in its dealings with the public. The bidder’s care and diligence in hiring and
assigning its employees will also be considered. In making its determination, the City reserves the right to examine any
and all information at its disposal, including but not limited to prior City contracts, the experiences and information
obtained from current and former customers (whether identified by the bidder as references or not), as well as other
sources available to the City, including but not limited to court documents, newspapers, financial reports (such as
DUNS), and certain police data and reports.
50. The Contractor, acting through its owner(s) or any of its employees, or its agents or sub-contractors and any of their
employees, shall not engage in any behavior, whether during the course of its duties under this contract or at any other
time, that is illegal, criminal or otherwise shocking or offensive to the general public. The determination whether any
particular behavior is illegal, criminal or shocking to the general public shall rest in the sound judgment of the
Contracting Officer or the City Manager. In making such determination, the Contracting Officer or the City Manager
shall apply the general standards of the community. No criminal conviction or formal charges shall be required to make
such determination. Such behavior need be something more than trivial and something which would cause the general
public to have concerns either about the safety of individuals coming in contact with the Contractor or about the character
and integrity of the individuals with which the City does business. Violation of this provision shall be grounds for
immediate and unilateral termination of this contract by the City upon five days’ notice as otherwise provided herein
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