[Adopted as Rev. Ords. 1964, §§ 6-26 to 6-30
(§§ 6-91 to 6-95 of the 2010 Code)]
[Amended 3-26-1974; 9-30-1980; 7-11-2000]
The City shall secure its supplies, services, and interest in
real property in strict accordance with MGL c. 30B and MGL c. 149
and other pertinent general laws on procurement.
The standard form of specifications shall be substantially as
follows, provided that the omission of or deviation from such form
shall not affect the validity of any procurement made that is otherwise
in conformity with the General Laws of Massachusetts:
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Sealed proposals shall be addressed to the Municipal Council
or to such committee of the Municipal Council as may be designated
by it to act in the matter or to the City official designated or to
the board or commission having authority under the law to employ labor
or to purchase apparatus, equipment, supplies or other material in
such department and to the office or place designated in the advertisements
published in the newspaper inviting the proposals, such proposals
to be entitled or endorsed as follows:
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Proposals for etc.
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Each bid or proposal must be accompanied by a certified or cashiers
check in the amount of $____________ payable to the City of Taunton
and both proposal and check shall be delivered simultaneously to the
Treasurer/Collector of the City of Taunton, or, if the City Treasurer/Collector
is absent from the office in City Hall when delivery is attempted,
they may be delivered to any clerk therein and not later than the
time and the date stated in the published advertisements inviting
proposals for the opening thereof, said checks to be returned to those
bidders whose proposals are not accepted within 48 hours after the
award has been made.
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An agreement in the amount of $ ____________ as liquidating
damages will be required by the City of Taunton for the faithful performance
of the terms, provisions and conditions of the contract with a surety
or sureties who are residents of the Commonwealth of Massachusetts
or qualified to do business therein and who shall be satisfactory
to the Municipal Council or to the committee designated by it to act
in the matter or to the official of the City government that may be
so designated or to the board or commission inviting the proposals
or a majority of the members thereof.
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The contract drawn and prepared in quadruplicate by the person,
persons or company to which the award has been made or his/her, their
or its attorney shall be submitted to the Municipal Council or committee
thereof properly designated or official, board or commission whose
name or names appear subscribed to the notices or advertisements published
in the newspaper or newspapers inviting the proposals within four
days after receiving written notification of the award and said contract
and in quadruplicate shall then be submitted to the City Solicitor
for approval, and, if so approved, and at such time as may be appointed,
of which due notice in writing will be given to the person, persons
or company to which the award has been made, said person, persons
or a representative or representatives of the company shall appear
in the Mayor's office in City Hall with the agreement and the sureties
offered by him/her, them or it in accordance with the requirements
of Paragraph 3, aforesaid, prepared to execute the contract, and in
case of neglect or failure to do so, he/she, they or it will be considered
as having abandoned it and the check accompanying the proposal shall
be forfeited to the City of Taunton.
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All contracts shall be awarded to the lowest responsible bidder,
except that when a committee of the Municipal Council is authorized
to invite and receive the proposals, if that committee or a majority
of the members thereof deems it inadvisable to award the contract
to the lowest bidder, it may appeal to the Municipal Council, which,
by a majority vote, may grant the committee the right and authority
to award the contract as it may deem proper and in the best interests
of the City.
Bids may be required to be presented on forms furnished for
such purpose.
Every officer of the City who makes or executes a contract on behalf of the City shall furnish such contract or a copy thereof to the City Clerk within one week after its execution, and the City Clerk shall keep such contract or copy on file, open to public inspection during business hours. Such contracts or copies shall be kept in a book by themselves or in several books, arranged according to the subject of the contract, or in any other convenient form, and an index to the subject matter of the contracts and the names of the contractors shall be made semiannually and shall also be open to public inspection in some convenient form. All allowances under and additions to such contracts, or copies thereof, shall be filed with the City Clerk, together with a sworn statement of the officer making such allowances or additions that the same are correct and in accordance with the contract. A City Clerk or other City officer failing to comply with this section shall be punished as provided in § 1-5.
