27DPW119G Winter De-Icing Liquids IFB.pdf

IFB 27DPW119G 1

Town of Needham Department of Public Works

Public Services Administration Building, 500 Dedham Avenue Needham, Massachusetts 02492

Telephone (781) 455-7550

ACKNOWLEDGEMENT OF RECEIPT

Release Date September 24, 2026

Bid Title Winter De-Icing Liquids

Bid Number 27DPW119G

Number of Documents

The Bid Package consists of 2 PDF documents. Returning this form confirms receipt of all the documents.

Pre-Bid Meeting N/A

Questions Due October 5, 2026, at 5:00pm

Bids are Due October 15, 2026, at 1:00PM, Administration Office of the Department of Public Works located at the Public Services Administration Building, 500 Dedham Ave., Needham, MA, 02492

Please provide the requested information below as acknowledgment that you have received our bid package noted above. It is recommended that interested bidders complete this acknowledgment and return via email to dpwbids@needhamma.gov. Only by doing this, will the Town be able to provide notification of any addenda or answered questions relating to this bid. Only those companies or individuals shown on the Distribution Register will receive addenda to this bid. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register.

Proposals from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Name of Company or Individual

Name / Title of Contact

Address

City/Town, State, Zip Code

Telephone Number

Fax Number

Email Address

Signature

Date

Addenda will be posted to the Town’s website. Please check the website for addenda before submitting your bid to the Town. Bidders who access the bid package from the Town’s website are responsible for checking the website periodically for any addenda that may be issued by the Town.

IFB 27DPW119G 2

Winter De-Icing Liquids

27DPW119G

Release Date September 24, 2026

Pre-Bid Conference

N/A

Deadline for Questions October 5, 2026, at 5:00pm

Bids Due

October 15, 2026, at 1:00PM Director of Administration Public Service Administration Building 500 Dedham Ave. Needham, MA 02492

IFB 27DPW119G 3

(Advertised in the Hometown Weekly issue of Thursday, September 24, 2026) (Advertised on the MNPA’s website, Thursday, September 24, 2026)

(Published in the Goods & Services issue of Monday, September 21, 2026) (Advertised on CommBuys on Thursday, September 24, 2026)

LEGAL NOTICE

Town of Needham

Invitation for Bid (IFB) Bid # 27DPW119G

The Towns/Cities of Belmont, Billerica, Bolton, Brookline, Burlington, Cambridge, Dedham, East Bridgewater, Fitchburg, Franklin, Haverhill, Lexington, Lynn, Marlborough, Milton, Natick, Needham, Newton, Plymouth, Sherborn, Wakefield, Waltham, Watertown, Wellesley, Westford, and Westminster cooperatively, acting through the Town of Needham Department of Public Works, invites bids for Winter De-Icing Liquids. Copies of the Invitation for Bid (IFB) package will be available beginning September 24, 2026, at the Administration Office of the Public Works Department, 500 Dedham Ave., Needham, MA 02492 Monday through Friday during normal business hours, or from the Town’s web site www.needhamma.gov/bids.aspx and will be available until the submission deadline.

Sealed bids must be submitted no later than 1:00PM, October 15, 2026, to the Administration Office of the Public Works Department, Town of Needham, 500 Dedham Ave., Needham, MA 02492. LATE BIDS WILL NOT BE CONSIDERED. Bids will be publicly opened after the submission deadline on October 15, 2026, at 1:00PM. The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities. This legal notice is also posted on the Massachusetts Newspaper Publishers Association’s (MNPA) website at http://masspublicnotices.org/.

Kathleen King Town Manager

September 24, 2026

IFB 27DPW119G 4

IFB 27DPW119G

Procurement in Brief

Primary Procurement Contact

Katie Bamber, Administrative Analyst 781-455-7550 x72229 or kbamber@needhamma.gov

Contract Manager

Tyler Gabrielski, Director of Streets & Transportation

Bid Package Available

September 24, 2026 - Information and details of bidding requirements may be obtained at the Administration Office DPW, Public Service Administration Building, 500 Dedham Avenue, Needham, MA 02492, or online at the Town’s web site http://www.needhamma.gov/bids.aspx

Pre-Bid Meeting

N/A

Bid Deposit N/A

Deadline for Written Questions

October 5, 2026, at 5:00pm By Mail: DPW - 500 Dedham Ave., Needham, MA 02492 By Email: dpwbids@needhamma.gov Questions are to be clearly labeled as: QUESTIONS - Winter De-Icing Liquids, 27DPW119G

Addenda If any changes are made to this bid, an addendum will be issued. Addenda will be posted on the Town’s webpage and emailed to all bidders on record as having received the bid package.

When and where bids are due

October 15, 2026, at 1:00PM, Administration Office DPW, Public Service Administration Building, 500 Dedham Avenue, Needham, MA 02492.

LATE BIDS WILL NOT BE CONSIDERED

Where bids will be opened

Charles River Room, Public Service Administration Building, 500 Dedham Avenue, Needham, MA 02492 (immediately following submission deadline)

Contract Award

Anticipated November 2026 Approval of Town Manager and Town Counsel is REQUIRED for the Town of Needham Each community named in this bid will execute their own contract(s) with the successful bidder(s)

Contract Length

This Agreement shall be for a term commencing upon execution and ending October 31, 2027.

IFB 27DPW119G 5

Upon Award of Contract

Payment Bond Will NOT be Required

Performance Bond Will NOT be Required

Insurance Refer to Contract Terms

* Any delivery received after the due date and time will not be addressed. The time/date stamp located in the receiving office will govern for the date and time requirements mentioned in the table above and throughout this document.

** The time for award may be extended by the Town. The Town reserves the right to change, delay, cancel, or expedite the contract award date. The Bidder agrees that the offer is effective for (a) at least ninety (90) calendar days from the opening date of the bids (b) a contract is executed, or (c) this bid is cancelled, whichever of (a), (b) or (C) occurs first. The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

IFB 27DPW119G 6

PART 1 – GENERAL CONDITIONS AND SUBMISSION REQUIREMENTS

1.01 About Needham

The Town of Needham is located in Norfolk County, 10 miles southwest of Boston. It is bordered on the west and northwest by the Town of Wellesley, on the north and northeast by the City of Newton, on the east by the West Roxbury section of the City of Boston, on the southeast by the Town of Dedham, and on the south by the Towns of Westwood and Dover. Needham has a population of 28,886 (2010 Federal Census) and occupies a land area of approximately 12.75 square miles. Established as a town in 1711, Needham is governed by a representative form of town meeting and a five-member Board of Selectmen. The day-to-day management is under the direction of a Town Manager. School affairs are administered by a seven-member School Committee and a Superintendent of Schools. The Town is classified as an economically developed suburb with above average wealth levels and higher education attainment. The Town has an “AAA” credit rating from Standard and Poor’s.

The Town provides a full range of governmental services including police and fire protection, emergency medical services, collection, disposal, and recycling of solid waste, sewers, streets, water services, health and human services, town library, and recreation. The Town also provides public education in grades kindergarten through twelve. The Town operates 1 pre-school, 5 elementary schools (K – 5), 1 sixth-grade center, 1 middle school (7 - 8), and a senior high school (9 – 12). Technical education is offered to grades nine through twelve by the Minuteman Regional Vocational Technical School District. The total expenditures in the most recent fiscal year exceeded $160 million.

1.02 Intent

The Town of Needham is circulating this cooperative Invitation for Bids (IFB) with the intention of acquiring bids for Winter De-Icing Liquids, to be utilized by several different municipalities including the Towns/Cities of Andover, Belmont, Bolton, Brookline, Cambridge, Dedham, East Bridgewater, Fitchburg, Franklin, Haverhill, Lexington, Marlborough, Natick, Needham, Newton, Sherborn, Waltham, Watertown, Wellesley, and Westminster. Each municipality will be responsible for contracting with the winning bidders for each item they wish to purchase.

All bids are subject to the provisions of M.G.L. Chapter 30B. The Town of Needham will award the contract to the lowest responsive and responsible bidder for each Bid Item. The Town of Needham reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities. Such actions will be deemed to be in the best interests of the Town. Unless sooner rejected or accepted, all bid proposals must be firm and continue in effect for ninety calendar days (90) following the date of bid opening.

1.03 Quantities

Unless otherwise stated, the quantities set forth herein are ESTIMATES ONLY. Any quantities indicated on the Bid Price Form or elsewhere in the bid package are estimates only and are given solely as a basis for the comparison of bids. The Vendor shall have no claim for additional compensation, or refuse to do the work called for, or provide the requested items, by reason of the actual quantities involved being greater or lesser by any amount than those called for in the bid.

It is agreed that the quantities listed in this bid solicitation are provided solely as a basis for the comparison of the bids. While the quantities are based on the cooperative’s best estimates of the supplies to be provided during the term of their individual contracts, the co-op does not expressly or by implication agree that the actual amount of tons/gallons ordered will correspond to the quantities given herewith, and the municipalities reserve the right to increase or diminish the amount of product it may deem necessary, without a change of price per unit of quantity (apart from the defined differences in pricing based on the size of an individual order, as given by bidders). There shall be no guarantee as to the minimum amount ordered from the awarded vendors by the participating municipalities pursuant to their individual contracts.

IFB 27DPW119G 7

1.04 General Contract Terms

To provide material to the Town of Needham the successful Bidder(s) must enter into the Form Agreement prepared by Town Counsel (Town of Needham Sample Agreement Available Online; Other agreements may vary by Community). To supply the other partner municipalities, vendors will need to contract with each municipality that wishes to utilize the bid prices provided as a result of this solicitation. Vendors that do so will be subject to the terms stipulated by the partner municipalities in their contract documents.

The Town of Needham may terminate the Contract at any time upon written notice for any reason including its own convenience or for cause, including but not limited to, failure to perform the work required under the contact, failure to document satisfactorily to the Town amounts being charged, failure to have any necessary local, State or Federal licenses and/or permits, failure to pay any and all required taxes, failure to comply with any local, State or Federal regulations pertaining to services to be provided, failure to promptly correct any performance or lack of performance which conflicts with the Town's use, and failure for satisfactory behavior of all staff and management. In the case of a termination for cause, the Town shall give the Contractor a written notice as provided in the Agreement.

1.05 Questions Regarding Bid

The Bidder shall be satisfied as to the requirements to enable intelligent preparation of your bid. The Bidder shall be familiar with all the Bid material requirements and documents before submitting the bid in order that no misunderstanding shall exist. Bidders shall promptly raise the issue of any ambiguity, inconsistency, or error, which they may discover upon examination of the bid documents, specifications, services, work site or any other conditions which may apply. No allowance will be made for any claim that the bid is based on incomplete information.

Inquiries concerning any part of this Bid shall be directed to the individual(s) listed under the Procurement in Brief. Bidders should note that oral communications are not binding on the Town and only written responses by the Town will be considered. All requests/questions must be submitted in writing.

Questions may be delivered by hand, mail, or email as referenced under the Procurement in Brief by the deadline. Questions that may be asked during any pre-bid conference should also be sent in writing in order to receive an official response. Requests properly presented that in the opinion of the Town require interpretation, correction, or change in the Bid Documents will result in an issuance of an Addendum to the Bid Documents. Such Addendum shall subsequently become part of the contract. The Town will forward responses to all persons who are on record as receiving the bid package. Questions received after the due date will not be responded to unless the Town determines it is necessary.

1.06 Information about Changes to the Bid (Addenda)

In the event that changes/additions are made to this bid, an addendum will be issued to every person (entity) on record as receiving the bid package. Addenda will be emailed to those who provided an email address and will also be posted to the website. Please check back on the website for addenda before submitting your bid to the Town. Bidders may not be notified individually of addenda.

1.07 Bid Deposits, Bonds, Insurance, and Indemnification

Refer to the Procurement in Brief section to see whether bid deposits, surety, payment and/or performance bonds are required.

Insurance

Bidder awarded a contract under this bid must provide proof of insurances in at least the minimum amounts required in the contract and when requested shall name the Town of Needham as an additional insured for the amounts written.

The Bidder awarded a contract shall deposit with the Town Certificates of Insurance for the coverage

IFB 27DPW119G 8

required, in form and substance satisfactory to the Town, and shall deliver to the Town new policies and certificates thereof for any insurance about to expire at least ten (10) days before such expiration. All such insurance policies shall contain an endorsement requiring thirty (30) days written notice to the Town prior to cancellation of change in coverage, scope, or amount of any such policy or policies. Compliance by the Bidder with the insurance requirement, however, shall not relieve the Bidder from liability under the indemnity provisions.

Indemnification

The Bidder shall indemnify, defend, and save harmless the Town and all of the Town’s officers, agents and employees from and against all suits and claims of liability of every name and nature, including costs of defending any action, for or on account of any injuries to persons or damage to property of the Town or any person, Contractor, corporation or association arising out of or resulting from any negligent act, omission, or negligence of the Bidder, its subcontractors and its and their agents or employees in the performance of the work covered by the Contract and/or failure to comply with terms and conditions of the Contract, but only in respect of such injuries or damages sustained during the performance and prior to the completion and acceptance of the work covered by the Contract and to the extent such injuries or damages are not covered by the Town’s insurance. The foregoing provisions shall not be deemed to be released, waived, or modified in any respect by reason of any surety or insurance provided by the Bidder under the Contract.

1.08 Prevailing Wages – RESERVED – NOT REQUIRED

1.09 Payment and Discount Terms, and Price Adjustments (Incomplete Work and Fuel)

Payment and Discount Terms

Payment terms for the Town of Needham are net 30 days. Indicate discounts, if any, for payments made less than 30 days. The Prompt Payment Discount “Clock” begins at the date of receipt of the invoice, or the date of the receipt of the product or service, whichever occurs later.

The unit bid price shall be the basis for payment for purchased items or services. Payment shall be based on the items or services purchased. Invoicing may be performed after delivery, work has been completed, or monthly, for items or services that have been fulfilled.

Invoices are to itemize charges for labor, equipment, and supplies. The Town will not be responsible for payment of any charges not itemized to the Town’s satisfaction. Pre-payment is NOT allowed. Invoices must include the Town’s purchase order number. The Purchase Order number will change with each fiscal year.

Invoices for additional services must include the date and times of the work, the type of the services performed, the number of hours or units to be charged, and the name of the person who authorized the work. They are to be sent in duplicate directly to the Town’s designee for processing and are not to be included on the regular monthly invoice.

Adjustments for Incomplete or Unacceptable Work

The Town reserves the right to withhold payment for incomplete or unacceptable work, as outlined in this IFB. The Town shall provide notice of any work that is deemed to be incomplete or unacceptable, for which the Vendor shall rectify that condition to the satisfaction of Town. The Town will also reduce the bill for any services deemed unsatisfactory. At no time will penalty assessment be recoverable by the Vendor.

The Vendor shall take all proper precautions to protect Town and private property from damage and/or loss.

Should any damage to, and/or loss of, property be caused by the Vendor, the Vendor will be required to make repairs and/or restitution immediately at its expense. The Town, at its discretion, may collect for said damage, by the deduction of the appropriate amount from any outstanding balance owed to the Vendor.

IFB 27DPW119G 9

Diesel Fuel and Gasoline Fuel Adjustments

There will be no fuel surcharges or adjustments paid on contracts resulting from this Invitation for Bids, regardless of economic conditions or fluctuations in price. Bidders are strongly encouraged to provide bid prices that take these conditions into account. If invoices are issued containing surcharges or adjustments of any kind, these surcharges will not be considered the responsibility of the participating municipality.

The vendor will be asked to reissue the invoice with the surcharges removed or the invoice will not be paid.

1.10 Bid Modifications or Withdrawals

Bids may be corrected, modified, or withdrawn prior to the submission deadline; requests to do so must be received in writing to the Town Manager. After the submission deadline, bids may not be changed. Minor mistakes may be waived by the Town.

1.11 Premature Opening of a Bid

The Town will not be responsible for the premature opening of any bid not properly identified. The Town may reject bids which are incomplete, not properly endorsed, or signed, or which otherwise are contrary to these instructions.

1.12 Unexpected Closure or Delays

If, at the time of the scheduled bid submission deadline, the designated location for delivery of the bid is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation or other the deadline will be postponed until the same time on the next normal business day. Bids will be accepted at the same location until that date and time.

1.13 Late Submissions

The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems. LATE

BIDS WILL NOT BE CONSIDERED.

1.14 Rejection of Bids

The bid must satisfy all the requirements in order to be considered for award. Failure to complete the required forms, answer any questions, or provide the required documentation will be deemed NON- RESPONSIVE and result in rejection of the bid unless the Town determines that such failure constitutes a minor informality that can be corrected without prejudice to other Bidders. A bid may be rejected if the Bidder:

Fails to adhere to one or more of the provisions established in the bid package;

Fails to submit its bid by the time or in the format specified herein or to supply the minimum information requested herein;

Fails to submit its bid to the required address on or before the specified submission deadline;

Misrepresents its service or provides demonstrably false information in its bid or fails to provide material information.

1.15 Taxes

Purchases made by the Town are exempt from the payment of all Federal excise tax and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the bid prices. If requested, the Town will provide the awarded bidder with a copy of the Certificate of Exemption.

1.16 Public Records

Under the Massachusetts General Laws, the Town cannot assure the confidentiality of any materials or information that may be submitted by a contractor in response to this Bid. Thus, contractors who choose to submit confidential information do so at their own risk. All bids or other materials submitted by the contractor

IFB 27DPW119G 10

in response to this Bid will be open for inspection by any person and in accordance with Massachusetts General Laws, Chapter 66 (Public Records Law). Any statements reserving any confidentiality or privacy rights in the submitted responses or otherwise inconsistent with these statues will be void and disregarded.

1.17 Conflict of Interest

By execution of a contract with the Town of Needham, the Bidder acknowledges that the Town of Needham is a municipality for the purposes of Massachusetts General Laws, Chapter 268A (the Massachusetts conflict of interest statute), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.

1.18 Other Notices

The consideration of all bids and subsequent selection of the successful applicant shall be made without regard to race, color, sex, age, handicap, religion, political affiliation, or national origin.

The Bidder shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws, Chapter 151B).

The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful Bidder may receive or award as a result of this contract.

Any services provided by the Bidder shall be rendered through a professional services contract; the Bidder will not be considered an employee of the Town and will not receive any benefits of an employee.

The Bidder shall comply with Massachusetts General Laws, Chapter 66A if the Bidder becomes a "holder" of "personal data". The Bidder shall also protect the physical security and restrict any access to personal or other Town data in the Bidder's possession, or used by the Bidder in the performance of the Contract, which shall include, but is not limited to the Town's public records, documents, files, software, equipment or systems.

1.19 Pre-Bid Conference

Refer to Procurement in Brief for details, if any.

1.20 Tie Bid

In the event that there is a tie bid between two (2) responsive and responsible bidders, the award of the contract will be determined by a coin toss. The bidder’s whose submission was received earliest shall be assigned “Heads” in the coin toss. In the event that there is a tie bid with three (3) or more responsive and responsible bidders, the award shall be made by a draw by lot limited to those bidders. The coin toss/draw by lot shall be scheduled within two (2) business days from when it was determined by the Town to be a tie bid. The bidders involved shall be given an opportunity to attend. The coin toss/drawing shall be witnessed by at least three (3) Town officials. The tie breaker event shall be held at the Needham Town Hall during regular business hours.

1.21 Contract Award

The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

This bid may result in multiple awards. It is the intent to award up to six (6) separate contracts (one for each Bid Item, #1 through #6, depending on individual community needs) to the responsive and responsible bidders offering the lowest Cost per Gallon for bulk delivery quantities (Minimum of 3,000 gallons), not including informational values. The Town of Needham will review all bids and will award the contract(s) to the lowest responsive and responsible bidder within each bid item/group. Bidders are strongly encouraged to provide pricing for all values within a bid item/group to be eligible for the award of that bid item/group.

Each participating municipality in this cooperative solicitation will enter into their own individual contracts

IFB 27DPW119G 11

with the awarded vendor for whichever bid items they intend to purchase according to the bid pricing. Each participating municipality will determine which bid items they will contract for, and they are not obligated to contract for any items that they do not intend to purchase. Please see attached estimated quantity spreadsheet for approximate orders of each item per municipality.

The Town herein declares its express purpose not to award the contract to any Bidder unable to furnish evidence, satisfactory to the Town, that it has sufficient ability, experience, and capital to execute and complete the work in accordance with the contract. If requested, any Bidder may be required to demonstrate financial stability satisfactory to the Town.

The Town Manager is the awarding authority for the contract. Further the contract will not be binding until it has been approved as to form by Town Counsel. Award, payment, and performance obligations shall depend on the availability and appropriation of funds.

The Town reserves a period up to ninety (90) calendar days following the opening of the bids in which to evaluate and award the contract.

Upon bidder selection, the Town of Needham will request required documents, including any insurances and bonds, then email the contract package to be signed by the Bidder. The Town of Needham will then counter sign the contracts and will return one complete contract to the Bidder. The Town’s Standard Contract is available online. Bidders are expected to review the sample contract “Short Form Agreement”. Unless otherwise noted by the Town, the terms and conditions contained therein are NOT negotiable.

1.22 Submission Requirements

Quality Requirements

All bidders must furnish proof of a minimum of five (5) continuous years in business.

All bidders must provide owner contact information for five (5) contracts of similar nature and scope performed to satisfaction for Massachusetts customers within the last five (5) years.

Data concerning the units of equipment that the bidder proposes to use in supplying the material shall be specified. The Town will not award this contract to any bidder who does not furnish evidence satisfactory to the Town of their ability and experience in this class of work and of sufficient capital and equipment to assure the successful performance of their obligations within the period of time specified in the contract.

The bidder shall submit their proposal upon the bid forms supplied within these specifications. The bidder shall specify the unit prices as requested for each bid item. All bids shall be signed correctly with ink; in order to qualify, the bidder must provide bids for each required item within a section.

Submission Requirements

1. The bid is to be submitted and addressed as follows: Director of Administration, Public Service Administration Building, 500 Dedham Ave., Needham, MA 02492.

2. The bid is to be clearly marked: IFB 27DPW119G, Winter De-Icing Liquids.

3. Bidder must acknowledge all addenda related to this IFB, if any.

4. Bidder must submit a completed Bid Form A: Bid Form or an exact copy, signed by an individual authorized to negotiate for and contractually bind the Bidder. All prices must be reflective of all costs for delivery. No price adjustments will be allowed. Vehicle surcharges or other adjustments will not be allowed.

5. Bidder must submit a completed Bid Form B: Bidder Information Response form.

6. Bidder must submit a completed Bid Form C: Authentication Form.

IFB 27DPW119G 12

7. Bidder must submit a signed Bid Form D: Certificate of Good Faith.

8. Bidder must submit a completed Bid Form E: Certificate of Compliance with Massachusetts

Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

9. Bidder must provide the required number of references. For each, provide the following: a contact person and title, customer’s name, address, telephone number, email, and a brief description of the actual services provided (sample format included in bid package as Bid Form F).

10. Bidder must submit a completed Bid Form G: Certificate of Authority (attached) or Corporate Resolution; if applicable.

11. Bids must be received and time stamped no later than the deadline stated in the Procurement Schedule (Where and When Bids are Due). LATE BIDS WILL NOT BE CONSIDERED.

12. A Bid Deposit is NOT required.

13. Delivery will be at the expense of the Bidder. Any and all damages that may occur due to packaging or shipping will be at the sole responsibility of the Bidder.

14. Any additional requirements as required in the Scope of Service.

The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

IFB 27DPW119G 13

PART 2 – SCOPE OF SERVICES OR PRODUCT SPECIFICATIONS

2.01 General

It is the intention of the Towns/Cities of Belmont, Billerica, Bolton, Brookline, Burlington, Cambridge, Dedham, East Bridgewater, Fitchburg, Franklin, Haverhill, Lexington, Lynn, Marlborough, Milton, Natick, Needham, Newton, Plymouth, Sherborn, Wakefield, Waltham, Watertown, Wellesley, Westford, and Westminster acting through the Town of Needham Public Works Department, to purchase Organic Winter De-Icing Liquids with and without Chlorides in response to this bid invitation.

The acquisition of De-Icing Liquids will help maintain the Town’s roadways during the snow and ice season.

However, the Town reserves the right to order during the contract period, regardless of the season, at the same price contracted through this invitation for bids. It is the goal to have De-Icing liquids delivered in a timely fashion that allows the Town to keep adequate levels of inventory for Public Safety and for emergencies.

Bidders must submit a price for the product (Item) for all the specified quantities listed to all of the specified locations listed if they wish to be eligible for award of that item. Bidders must meet the minimum specifications for each listed item as detailed in the Materials section of the Specifications. Bidders meet other specified requirements of this bid and submit all required attachments no later than the time and date specified to be considered responsive.

The total estimated purchases within the contract period will be in the order of 460,500 gallons, but the obligations incurred by the acceptance of any bid pricing is limited to each individual municipality’s purchase requirements and material needs for each Bid Item. Deliveries will be authorized by individual purchase orders issued by each individual municipality throughout the agreed-upon contract period. It will be the responsibility of each individual municipality to contract with the awarded bidder for each item they wish to purchase.

2.02 Proprietary Specifications

The specifications provided herein are not intended to limit competition with a certain manufacturer's product but to indicate to the bidder the quality and type of product to be supplied. Such specifications are permitted under M.G.L. c. 30, §39M(b), provided that the Town states in writing that use of the proprietary specification is in its best interest and that it will accept an “equivalent” of the item specified.

An item is considered equivalent if (i) it is at least in quality, durability, appearance, strength, and design;

(ii) will perform the intended function at least equally; and (iii) conforms substantially, even with deviations, to the detailed requirements contained in the specifications. Bidders wishing to provide an equivalent item should do so with their bids. The Town shall have the sole right to determine whether or not said item is equivalent.

2.03 Right to Know

Any Vendor who receives an order or orders resulting from this invitation agrees to submit a Safety Data Sheet (SDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L., Ch. 111F, SS8, 9 and 10 and the regulations contained in 441 CMR SS21.06 when deliveries are made. The Vendor agrees to deliver all containers properly labeled pursuant to M.G.L. Ch. 111F, SS 7 and the regulations contained in 441 CMR SS 21.05. Failure to submit an SDS and/or label on each container will place the Vendor in noncompliance with the purchase order. Failure to furnish MSDS and/or labels on each container may result in civil or criminal penalties, including bid debarment and action to prevent the Vendor from selling said substances or mixtures containing said substances with the Commonwealth. All Vendors furnishing substances or mixtures subject to chapter 111F of the M.G.L. are cautioned to obtain and read the law and rules and regulations referred to above. Copies can be obtained from the State House Book Store, Secretary of State, State House, Room 117, Boston, MA 02133, (617 727-2834) for $2.00 plus $.65 postage. If the Vendor fails to supply and/or perform the work to meet the requirements of the Town, the Town reserves the right to obtain these services from another source. Any additional costs incurred by the Town as a result of a price differential between the price paid on the open market and the contract price will be charged against the vendor or deducted from any balance owed to the vendor.

IFB 27DPW119G 14

2.04 Performance

Vendors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the previous written consent of the Town. All assignments or transfers of any rights or interests in the contract by the successful bidder shall be void, without the previous written consent of the Town.

From time to time, the Town may require the Vendor to supply to the Town a sample of the materials for testing in order to ensure conformance to the Standard Specifications. Pricing stated within this contract and any available price discounts must be firm for the duration of the contract.

The Vendor shall provide in the bid a Contract Manager who shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Towns/Cities and the supplier. The Contract Manager must respond within 24 hours. The Vendor Manager shall assure the proper operation and administration of the Contract and shall respond in a timely manner and in writing unless instructed otherwise, to all information requests from the Towns/Cities. The Contract Manager may not be changed without prior written notice to the Town or an agreement must be executed between the Vendor and the Town prior to the change.

Upon award, the Contract Manager will provide the Town with a phone number where a dispatcher will be available 24 hours per day, 7 days per week. The dispatcher shall be responsible for receiving orders, confirming Purchase Orders, and scheduling delivery dates and times.

Vendors must be prepared to commence work to furnish and deliver initial orders of Organic Winter De- Icing Liquids with and without Chlorides no later than ten (10) calendar days following the contract start date.

2.05 Bid Pricing

Bidders are to insert the net unit price as specified, which they will charge for the purchase of various De- Icing Liquids under the contract terms and conditions.

Prices will remain as bid for the duration of the contract year. No price adjustments for any reason will be considered beyond those stipulated above (see Section 1.09 re: diesel and gasoline price adjustments).

Bid Price = Net Unit Price per gallon for de-icing liquid delivered by the Contractor, and shall include all freight, transportation rates and/or containers for the tote deliveries. All delivered material will be F.O.B.

DESTINATION to awarded locations. It is the intent of the cooperative to have all requested liquids delivered by the Contractor to the various specified locations.

One contract will be awarded to the responsive and responsible bidder offering the lowest cost per gallon for each Item 1-6. This may result in up to six (6) separate contracts for each community. All quantities not labeled as “For Informational Purposes Only” MUST have a unit cost. Bidders do NOT have to bid on all items.

2.06 General Material Types

This bid is for the furnishing and delivery of various De-Icing Liquids intended for use as a deicer/anti-icer for road maintenance. It is intended for each municipality on the Bid to have a choice of any of the liquids specified herein.

Items included in this bid are:

1. Organic-based de-icer with no chlorides (DLA or for blending); BioMelt AG64 or equivalent

2. Organic-based de-icer with no chlorides (for blending); GeoMelt 55 or equivalent

3. Organic base de-icer with magnesium chloride (blended); Magic-0 or equivalent

IFB 27DPW119G 15

4. Salt brine blended with organic-based deicer with no chlorides [80/20]; GeoMelt S8 or equivalent (For municipalities with no means to produce their own brine)

5. Liquid calcium chloride; ProMelt CAL or equivalent

6. Liquid magnesium chloride; ProMelt MAG or equivalent

Liquids described herein can be used by the municipalities for Direct Liquid Applications (DLA), pre-wetting at the spinner of their spreader unit, or treating stockpiled materials.

2.07 Material Control

Products received under this contract shall be subject to inspection at any time by any member of the cooperative at such times and places as may be consistent with public interest. If analysis of samples taken should prove that the quality of the products does not meet necessary requirements, the Town reserves the right to cancel the contract at once.

If De-Icing Liquids fails to meet the minimum chemical requirement the Town may reject the material.

Any material that does not meet the specifications and is rejected by the Town must be removed by the Contractor free of charge within five (5) calendar days. Any material not removed within five (5) calendar days may become the property of the Town. The Contractor loses all right to those materials and will not receive any payment for rejected materials.

2.08 Delivery Requirements

Delivery Expectations The intent of the cooperative is to have all requested materials delivered by a Contractor to each of the awarded communities listed herewith.

Normal Delivery The contractor shall furnish and deliver materials when so ordered by the individual Community.

Deliveries must be made within five (5) business days after receipt of the order. Deliveries must continue until the order is fulfilled. It is expected that a normal delivery for a Town/City would be fulfilled within five (5) business days from date of order outside of any extreme weather circumstances or if otherwise approved by the municipality placing the order.

Bulk & Tailgate Delivery Bulk deliveries shall be by tank trucks and shall be capable of transferring the liquid solution from the transport vehicle into the bulk storage tanks.

The contractor will be responsible for all necessary equipment to transfer liquid chemical products to the Purchaser’s storage tanks. The contractor shall visually inspect the discharge valve prior to unloading for the presence of any foreign material.

Tailgate delivery is defined as the delivery of liquids in typical 275-gallon totes in trucks to the indicated location as directed by the Town, with the Town furnishing all labor and equipment necessary to place or stock the respective totes after delivery.

Unloading

Site Preparation: To avoid unnecessary unloading delays municipality shall provide ready access to delivery site, adequate room for maneuvering and unloading, easy access to liquid tank connection, and a clearly identified unloading spot. If an unloading site is not adequate for deliveries, then the Contractor will notify the Municipality.

IFB 27DPW119G 16

Unloading: Unloading of products is the responsibility of the Contractor, there shall be no additional cost to the Municipality for unloading related activities.

Delivery Quality Standards All Liquids must be delivered with no foreign materials. All delivery truck tanks must be cleaned of any foreign materials before being used to deliver Organic Liquid De-Icer.

Contaminated Materials The Contractor of any product delivered that is found to be contaminated and/or is cause for environmental concerns shall be responsible for all cleanup expenses. This includes but is not limited to clean up measures as needed for the following: storage facility, yard, equipment, and roadside.

Anti-foaming Agent An anti-foaming agent will be available from Contractor for use as needed, at no additional charge to the Municipality, to control foaming during loading, unloading, and agitation of liquid chemical products.

Corrosion No bid will be accepted on any corrosion inhibited product that has not successfully completed the National Association of Corrosion Engineers (NACE) Standard TM0169-95, as modified by the PNS, and found to have a Corrosion Value of at least 70% less than that of Sodium Chloride (salt). Equipment Damages: Contractor shall be liable, as determined by the municipality for causing any unanticipated extraordinary damages to equipment used in the storage or distribution of the chemical products.

Weight Checks The Town reserves the right to make random gross vehicle weight checks of the weight of the liquid delivery by weighing a truck before and/or after delivery at no expense to the Town. The Town reserves the right to require the hauling vehicle gross or tare weight, or both, listed on the delivery ticket to be validated at a certified scale. The location of the certified scale must be no more than five (5) miles to the inspection area from the normal route. The Town will designate this location unless a location outside the destination area is agreed upon in writing.

Overweight Vehicles State regulations pertaining to overweight vehicles will be strictly enforced. The Town will not pay for the portion of any load that exceeds the maximum allowable gross vehicle weight load limit.

Delivery Requirements and Expectations Contractors must furnish and deliver Organic Liquid De-Icer when so directed by the Town and must continue making deliveries in accordance with schedules as the Town may prescribe.

UNDER NO CIRCUMSTANCES SHALL DELIVERED QUANTITIES EXCEED THE TOTAL QUANTITIES ORDERED.

The Contractor shall bear the full responsibility for any overage shipped above the amount ordered and shall not receive compensation for any greater amount.

Where Liquids is shipped by truck directly from the Contractor's storage area, the Contractor must furnish the Town with a clear and legibly numbered delivery slip for each load bearing the following information for determining the pay quantity:

• Material

• Contractor’s Name

• Date of Delivery

• Depot or Destination

• Gross Vehicle Weight (GVW), Tare and Net Weight

• Vehicle Registration Number

• Purchase Order/Requisition Number

• Truck Number

• Stockpile Location

• SIGNATURE OF CONTRACTOR’S ASSIGNED LICENSED WEIGHMASTER

IFB 27DPW119G 17

The delivery slip shall be mechanically printed from a scale equipped with an automated printing system.

Handwritten delivery slips are not acceptable.

Contractor’s Meter The Contractor’s Meter used in metering liquid transfer must be furnished by the Contractor. Meters must be sealed as often as necessary to ensure their accuracy. A copy of the calibration certificate shall be provided to the Town when requested.

2.09 Item 1: Organic-based de-icer with no chlorides (DLA or for blending)

BIOMELT AG64 or Equivalent Specifications

This product can be employed by itself or blended with rock salt/salt brine for low corrosion – low-temperature anti-icing, de-icing operations.

1. This product must be 100% organic-based with no added chlorides, acetates, formates, or glycols.

2. Have no greater than 55% solids in suspension

3. Have a specific gravity between 1.25- 1.29

4. Have a freeze point in the range of -30 degrees F

5. And have the capability to have approximately 99% of the product pass thru a #10 sieve

6. And the following specifications for heavy metals

Metal Typical Value Specification Limit Arsenic <1.5 Max 5.00 ppm Barium <0.5 Max 100. 0 ppm Cadmium <0.05 Max 0.20 ppm Chromium <0.5 Max 1.0 ppm Copper 0.5 Max 4.0 ppm Lead <0.5 Max 1.0 ppm Mercury <0.02 Max 0.05 ppm Selenium <1.0 Max 5.0 ppm Zinc 4.6 Max 10.0 ppm

2.10 Item 2: Organic-based de-icer with no chlorides (for blending)

GEOMELT 55® or EQUIVALENT SPECIFICATIONS

This product is an organic accelerator that is blended with rock salt / salt brine for low corrosion – low temperature anti – icing, de-icing operations.

1. This product must be 100% organic-based with no added chlorides, acetates, formates, or glycols.

2. Have no greater than 55% solids in suspension

3. Have a specific gravity between 1.25- 1.29

4. Have a freeze point in the range of -30 degrees F

5. And have the capability to have approximately 99% of the product pass thru a #10 sieve

6. And the following specifications for heavy metals

Metal Typical Value Specification Limit Arsenic <1.0 Max 5.00 ppm Barium 0.8 Max 100. 0 ppm Cadmium <0.05 Max 0.20 ppm Chromium <0.5 Max 1.0 ppm Copper 0.3 Max 4.0 ppm Lead <0.5 Max 1.0 ppm Mercury <0.02 Max 0.05 ppm

Zinc 8.0 Max 10.0 ppm

IFB 27DPW119G 18

2.11 Item 3: Organic base de-icer with magnesium chloride (blended)

MAGIC-0 or EQUIVALENT SPECIFICATIONS

This product must be 20% organic byproduct performance enhancer and 80% magnesium calcium chloride brine for a liquid de-icing agent.

1. This product must be organic based with added divalent chloride between 21.4%-23.4 % and an organic content between 15%-17%

2. Minimum Magnesium content of 16%

3. Have a specific gravity between 1.29- 1.31

4. Have a freeze point in the range of -45 degrees F

5. And have the capability to have approximately 99% of the product pass thru a #10 sieve

6. And the following specifications for heavy metals

Metal Typical Value Specification Limit Arsenic <1.0 Max 5.00 ppm Barium <0.5 Max 100. 0 ppm Cadmium <0.05 Max 0.20 ppm Chromium <0.5 Max 1.0 ppm Copper 1.3 Max 4.0 ppm Lead <0.5 Max 1.0 ppm Mercury <0.02 Max 0.05 ppm

Zinc <0.1 Max 10.0 ppm

2.12 Item 4: Salt Brine blended with Organic-based deicer with no Chlorides [80/20]

GEOMELT®S8 or EQUIVALENT SPECIFICATIONS

This product can be employed by itself or blended with rock salt via pre-wet at spinner – auger or direct liquid application to road surface in the anti – icing or deicing method for a low corrosion – low temperature winter road maintenance product.

1. COMPOSITION: 20% GEOMELT 55® or EQUIVALENT SPECIFICATIONS (100% organic-based additive) and 80% sodium chloride brine at min. 23.3% solids.

2. No added calcium chloride, magnesium chloride, acetates, formates, glycols.

3. SOLIDS IN SUSPENSION: 30% solids.

4. SPECIFIC GRAVITY: 1.20

5. pH: +/- 6.0 – 8.5

2.13 Item 5: Liquid Calcium Chloride

Promelt CAL or EQUIVALENT SPECIFICATIONS

This product must be a liquid calcium chloride brine for a liquid de-icing agent.

1. This product must be liquid calcium chloride between 30% - 32%

2. Have a specific gravity between 1.29- 1.3.

3. Have a freeze point in the range of -52 degrees F

4. And have the capability to have approximately 99% of the product pass thru a #10 sieve

5. And the following specifications for heavy metals

Metal Typical Value Specification Limit Arsenic <1.0 Max 5.00 ppm Barium 55.0 Max 100. 0 ppm Cadmium <0.05 Max 0.20 ppm Chromium <0.5 Max 1.0 ppm Copper 0.2 Max 1.0 ppm Lead <0.5 Max 1.0 ppm Mercury <0.02 Max 0.05 ppm Selenium 2.3 Max 5.0 ppm Zinc <0.1 Max 10.0 ppm

IFB 27DPW119G 19

2.14 Item 6: Liquid Magnesium Chloride

Promelt Magnesium (Corrosion Inhibited) or EQUIVALENT SPECIFICATIONS

This product must be a liquid divalent chloride brine for a liquid de-icing agent.

1. This product must be liquid magnesium chloride between 22% - 30%

2. Minimum Magnesium content of 21%

3. The product should contain a corrosion inhibitor

4. Have a specific gravity between 1.29- 1.3

5. Have a freeze point in the range of 1-degree F

6. And have the capability to have approximately 99% of the product pass thru a #10 sieve

7. And the following specifications for heavy metals

Metal Typical Value Specification Limit Arsenic <1.0 Max 5.00 ppm Barium <0.5 Max 100. 0 ppm Cadmium <0.05 Max 0.20 ppm Chromium <0.5 Max 1.0 ppm Copper <0.1 Max 1.0 ppm Lead <0.5 Max 1.0 ppm Mercury <0.02 Max 0.05 ppm

Blue Dye

This BID specification calls for a liquid magnesium chloride brine with a blue dye additive for application visibility. Municipalities are not required to order the product with the blue dye additive, but they are responsible for ensuring that their order excludes dye if that is their preference. The bid pricing provided by the awarded vendor will apply to orders with or without the dye additive.

IFB 27DPW119G 20

PART 3…