27NEE061G Heating Oil IFB.pdf

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Town Manager Needham Town Hall

1471 Highland Avenue Needham, Massachusetts 02492

Telephone 781-455-7500

Acknowledgement of Receipt

Release Date Thursday, September 10, 2026

Bid Title Heating Oil

Bid Number 27NEE061G

Number of Documents The Bid Package consists of one (1) PDF document.

Informational Session None

Questions Due 111:00 a.m., Tuesday, September 22, 2026

Bids Due 11:00 a.m., Friday, October 2, 2026 to Kathleen King, Town Manager, Town Hall, 1471 Highland Avenue, Needham, Massachusetts 02492

Please provide the requested information below as acknowledgment that you have received our bid package noted above and your intention is to submit a bid. It is recommended that interested bidders complete this acknowledgment and return via email to pcentral@needhamma.gov. Only by doing this, will the Town be able to provide notification of addenda* or answered questions relating to this Bid. Only those companies or individuals shown on the Distribution Register will be sent addenda to this Bid and whose written questions will be addressed. 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 (Print/Type)

Name / Title of Contact (Print/Type)

Address (line 1) (Print/Type)

Address (line 2) (Print/Type)

City, State and Zip Code (Print/Type)

Telephone Number

E-mail Address (Print/Type)

Signature

Date

* Addenda will be posted to the 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.

mailto:pcentral@needhamma.gov

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Intentionally Blank

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(Advertised in the Hometown Weekly issue of Thursday, September 10, 2026) (Advertised in Goods and Services Tuesday, September 7, 2026)

(Advertised in COMMBUYS Thursday, September 10, 2026)

Town of Needham Invitation for Bid Bid #27NEE061G

Heating Oil

The Town of Needham is accepting sealed bids for the supply and delivery of #2 Heating Oil. Copies of the Invitation for Bid (IFB) will be available beginning Thursday, September 10, 2026, online at the Town’s web site www.needhamma.gov/bids.aspx and will be available until submission deadline. Sealed bids must be submitted no later than 11:00 a.m. Friday, October 2, 2026 to Kathleen King, Town Manager, Town of Needham, Town Hall, 1471 Highland Avenue, Needham, MA 02492. LATE BIDS WILL NOT BE CONSIDERED. Bids will be publicly opened after submission deadline at 11:05 a.m. This legal notice is also posted on the Massachusetts Newspaper Publishers Association’s (MNPA) website at http:// masspublicnotices.org/. 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.

Kathleen King Town Manager September 10, 2026 http://www.needhamma.gov/bids.aspx

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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 an estimated population of 32,000 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 Select Board. 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 $220 million.

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Heating Oil

INDEX

Description Page

Legal Notice 3 About Needham 4 Index 5 Procurement In Brief 7 Part 1 General Information

1.01 Quantities 9

1.02 Questions regarding the Bid 9

1.03 Information about Changes to the IFB (Addenda) 9

1.04 Bonds, Insurance, and Indemnification 9

1.05 Execution of the Contract 10

1.06 Payment and Discount Terms, Adjustments for Incomplete or Unacceptable Work 10

1.07 Bid Modifications or Withdrawals 11

1.08 Premature Opening of a Bid 11

1.09 Unexpected Closure or Delays 11

1.10 Late Submissions 11

1.11 Rejection of Bids 11

1.12 Taxes 11

1.13 Public Records 11

1.14 Conflict of Interest 12

1.15 Tie Bids 12

1.16 Contract Award 12

1.17 Other Notices 12

1.18 Clarification of Terminology 13

Part 2 Scope of Services / Product Descriptions

2.01 Overview 14

2.02 Product and Service Requirements 14

2.03 Other Requirements and Conditions 16

Part 3 Submission Requirements

Part 4 Checklist and Forms for Submission

Checklist Bidder Information Response (2 pages) Certificate of Good Faith Certificate of Compliance with Massachusetts Tax Laws Promise to Execute Contract Professional References Certificate of Authority Bid Price Proposal (2 pages) Non-Submittal Response Form

Specimen Contract After Page 28

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Procurement in Brief

Primary Procurement Contact Cecilia Simchak, Assistant Director of Finance email: Pcentral@needhamma.gov

Event Details

Bid Title Heating Oil

Contract Number 27NEE061G

Bid Package Available Information and details of bidding requirements may be obtained at Office of the Town Manager, Needham Town Hall, 1471 Highland Avenue, Needham, Massachusetts 02492, or on-line at the Town’s website http://www.needhamma.gov/bids.aspx

Informational Session None

Written Questions*

Deadline: Tuesday, September 22, 2026 at 11:00 a.m.

By Delivery: Office of the Town Manager, Needham Town Hall, 1471 Highland Avenue, Needham, Massachusetts 02492

By Email: Pcentral@needhamma.gov

Questions are to be clearly labeled as: Heating Oil 27NEE061G - Questions

Exceptions

The bidder must disclose in detail any exceptions to the specimen contract and such exceptions must be specific. The bidder must state a reason for each exception and propose alternative language. The purpose of the exception process is to permit the Town to correct, prior to the opening of the bids, any technical or contractual requirement, provision, ambiguity, or conflict in the bid package. Exceptions must be submitted by the deadline for written questions stated above. Unless timely submitted as an exception, any such ambiguity, conflict or problem shall be resolved in favor of the Town of Needham.

Addenda

If any changes are made to this bid, an addendum will be issued. Addenda will be emailed to all bidders on record as having received the bid package and have provided an email address to the Town to notify the bidder. Each bidder is responsible for checking the Town’s website to determine if the Town issued any addenda.

When and Where Bids are Due*

Friday, October 2, 2026 at 11:00 a.m.

Office of the Town Manager Town Hall 1471 Highland Avenue Needham, Massachusetts 02492 LATE SUBMISSIONS WILL NOT BE CONSIDERED (Per State Law)

Number of Required Copies One (1) original signed paper copy.

Bid Opening

Great Plain Room Needham Town Hall 1471 Highland Ave.

Needham, Massachusetts 02492 After deadline submission approximately 11:05 a.m.

Bid Surety (bond) Requirements A Bid bond is NOT required

Contract Length Starting November 2, 2026 and ending November 1, 2027, but may be as long as two years depending on the option selected by the Town.

mailto:Pcentral@needhamma.gov mailto:Pcentral@needhamma.gov

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Procurement in Brief

Primary Procurement Contact Cecilia Simchak, Assistant Director of Finance email: Pcentral@needhamma.gov

Event Details

Contract Award** The target date for award is October 16, 2026

Approval of Town Manager and Town Counsel are REQUIRED

Upon Award of Contract

Payment Bond Will NOT be Required

Performance Bond Will NOT be Required

Insurance Refer to contract terms

Honesty Bond Will NOT be Required

Payment Terms Net 30 days after receipt of invoice by Department of Public Works, Building Maintenance Division. Prompt payment discount options desired, but not required.

* Written inquiries must be sent prior to the above date and time deadlines. The Town will respond to written questions submitted by individuals/companies who intend to submit a bid. Individuals/companies will demonstrate their intention to bid by completing and returning the Acknowledgement of Receipt form. The time/date stamp machine located in the Town Manager’s Office will govern the date and time requirements mentioned in the table above and throughout this document. Please allow enough time for hand delivery.

** The Bidder agrees that the offer is effective for (a) at least 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 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 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.

mailto:Pcentral@needhamma.gov

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PART 1

GENERAL INFORMATION

1.01 Quantities

Unless otherwise stated, the quantities set forth herein are ESTIMATES ONLY. Any quantities indicated on the Bid Form or elsewhere in the bid package are estimates only and are given solely as a basis for the comparison of bids.

The bidder 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.

1.02 Questions Regarding the 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 to avoid any misunderstanding. Bidders shall promptly raise the issue of any ambiguity, inconsistency, or error, which they may discover upon examination of the bid documents, specifications, services, worksite, or any other conditions which may apply. No allowance will be made for any claim that the bid is based on incomplete information.

The Town will respond to written questions submitted by individuals/companies who intend to submit a bid.

Individuals/companies will demonstrate their intention to bid by completing and returning the Acknowledgement of Receipt form.

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 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. 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. Bidders, please allow enough time for hand delivery.

1.03 Information about Changes to the Bid

In the event that changes/additions are made to this bid, an addendum will be issued. Addenda will be emailed if an email address was provided. Addenda will also be posted to the Town’s website where the bid package was made available. Please check back on the website for addendums before submitting your bid to the Town. Bidders may not be notified individually of Addendums.

1.04 Bonds, Insurance, and Indemnification

Bonds Bidders should refer to the Procurement in Brief for any bond (Bid (surety) Bond, Honesty Bond, Payment Bond, and/or Performance Bond) requirements.

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 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.

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The Certificate Holder shall read as follows:

27NEE061G Heating Oil Town of Needham 1471 Highland Avenue Needham, Massachusetts 02492

No Town Division, Department, or individual name should appear on the Certificate. No other format will be acceptable.

Bidders should refer to the Procurement in Brief for additional insurance requirements.

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, consultant, 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 to 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.

1.05 Execution of the Contract

The awarded bidder agrees and will execute the approved contract electronically. The Town will forward the contract to be executed via DocuSign.

1.06 Payment and Discount Terms, Adjustments for Incomplete Work

Payment Terms 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, supplies, and services. The Town will not be responsible for payment of any charges not itemized to the Town’s satisfaction. Pre-payment is NOT allowed. Invoices should include the Town’s purchase order number. The Purchase Order number may change with each fiscal year.

Invoices for additional services must include the date and times of the work, the type of 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.

Invoices for additional supplies and/or materials must include the quantity, date and times of delivery, a description of the supplies or materials, unit price, shipping, and handling charges as applicable, and the name of the person who placed the order. 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. The Town shall provide notice of any work that is deemed to be incomplete or unacceptable. 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 the 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.

Refer to the Procurement in Brief for other payment term considerations.

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1.07 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 by the Town Manager. After the submission deadline, bids may not be changed. Minor mistakes may be waived by the Town.

1.08 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, not signed, or are otherwise contrary to these instructions.

1.09 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 11:00 a.m. on the next normal business day (Monday through Friday, excluding Holidays). Bids will be accepted at the same location until that date and time.

1.10 Late Submissions

Late bids will not be considered. The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems.

1.11 Rejection of Bids

The bid must satisfy all the submission 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.

1.12 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.

1.13 Public Records

Under the Massachusetts General Laws, the Town cannot assure the confidentiality of any materials or information that may be submitted by the bidder in response to this Bid. Thus, bidders who choose to submit confidential information do so at their own risk. All bids or other materials submitted by the bidder in response to this Bid will be open for inspection by any person and in accordance with M.G.L. c. 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.

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1.14 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 M.G.L. c. 268A (the Massachusetts conflict of interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be complying at all times with the obligations of the contractor based on said statute.

1.15 Tie Bids

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.

1.16 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.

A contract is anticipated to be executed by the date indicated under Procurement Schedule for this bid. However, the Town reserves the right to change, delay, cancel, or expedite the contract execution date. The selected bidder is required to furnish all bonds and certificate of insurances required under the contract, in a form acceptable to the Town prior to the execution date.

The award may be subject to further discussions with the bidder. The making of a preliminary award to a bidder does not provide the bidder with any rights and does not impose upon the Town any obligations. The Town is free to withdraw a preliminary award at any time and for any reason. A bidder has rights, and the Town has obligations, only if and when a contract is executed by the Town and the bidder.

Changes to the terms of the Town’s contract may be requested by the bidder in writing and submitted with the bid and if, in the opinion of the Town, the requested inclusion(s) and/or deletion(s) does not materially affect the bid, they may be allowed at the sole discretion of the Town. Bidders shall NOT be allowed to request any changes to the contract terms once award of contract has been announced.

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 90 calendar days following the opening of the bids in which to evaluate and award the contract.

1.17 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 (M.G.L. c.

151B).

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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 M.G.L. c.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.

1.18 Clarification of Terminology

All references in this Bid to features, functions, services, or deliverables that “should”, “must”, “will”, “has ability to”, etc. be provided by the bidder are to be construed as mandatory. Similarly, all references in this Bid to information that “should”, “must”, “will”, “has ability to”, etc. be provided in the bidder’s proposal are to be construed as mandatory.

Bidders may be referred to alternatively as “bidders”, “offerors”, “respondents”, “successful offerors”, “successful bidders”, “vendors”, etc. All such references (except for those explicitly defined otherwise) are to the primary contractor who submits a response to this bid and, if successful, who will be responsible for the successful completion of all required deliverables.

References to days are to workdays unless otherwise explicitly stated.

Reference to time as stated in this bid is based on local Eastern Standard Time.

End of Section

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PART 2

SCOPE OF SERVICES / PRODUCT DESCRIPTIONS

2.01 – Overview

The Town invites sealed bids to Furnish and Deliver Number Two Heating Oil as per the requirements and specifications of the Town. The Town seeks bids for both a fixed price option and a variable price option for as long as three years The Town will decide which option will be awarded. This contract starts on or after November 2, 2026.

The current provider is Devaney Energy, Inc. of Newton, Massachusetts.

Table 1

Facility FY2023 FY2024 FY2025 FY2026 4 Year Average Notes

Daley Building 4,897 4,507 7,481 5,295 5,545 a Hillside School 26,406 29,935 18,284 21,563 24,047 ab Total 31,303 34,442 25,765 26,858 29,592

Estimate for bid quantity per heating season 29,500 a = facility scheduled for automatic delivery b = building use has changed, no longer used as an elementary school

2.02 – Product and Service Requirements

Oil Specifications This contract specifically covers the purchase of No. 2 distillate oil. Bidders must submit a bid for Truckload (TL) and Less than Truckload (LTL) differential pricing for No. 2 distillate oil covered by this contract. To clarify, the Town seeks pricing for the delivery of Number Two distillate and bidder MAY submit a bid that provides discount for Truckload, but bidders must provide pricing based on less than a Truckload delivery. The Town makes no representation as to any quantity of oil that will be purchased at any time during the contract period.

Fuel oil must comply with the following specifications and procedures:

Contractor will perform, or have testing done of the oil delivered, and make these quality control results available to Town as requested.

The heating oil shall be free from grit, acid, fibrous material, or other substances which might clog or injure the heater, pump, strainers, valves, burners, or engines installed at the places where deliveries are to be made.

The heating oil must comply with ASTM D-396 amended to comply with regulations of the Massachusetts Department of Environment Protection and any other applicable Federal and/or Massachusetts regulations and laws.

If any of these specifications conflict, the Town will determine the specifications that meet or exceed the needs of the Town. The Town’s decision will be final.

It is agreed that high quality heating oil, meeting the specifications of the customer order-is a paramount goal of this contract. Contractor assures the Town that there are high quality control mechanisms in place to assure the quality of delivered oil. Contractor will supply evidence of its quality control plan, if requested by the Town. If Town has reason to believe that the contractor has delivered oil of an inferior quality, questionable grade or oil with contaminants contained within the Town will:

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• Have independent testing performed at the contract user’s expense.

• Request that the contractor perform such testing.

In the event that the oil delivered by the contractor is determined to be of inferior quality:

The contractor will be responsible for costs associated with the initial testing. The contractor will remove the existing oil – inspect and clean storage tank- of any contaminants – and after customer is fully satisfied provide new oil. All applicable Federal, State and Local regulations must be complied with to meet the requirements of this section. All parties agree that this process must occur immediately, but in no case will exceed 24 hours.

The contractor warrants that it has good and merchantable title to the oil supplies that will be supplied in meeting its obligations pursuant to this solicitation and resulting contract. Further the contractor warrants that the oil that it sells to the Town is free from liens and adverse claims of every kind. The contractor or its successor shall indemnify and hold the Town harmless against all loss, damage, and expense of every kind on account of adverse claims which attach before delivery. The title to such oil will pass to the contract Town at the delivery location(s).

Service Requirements The contractor is obligated to supply the full oil requirements of the Town to include the purchase, transport, and delivery of oil to each location. The contractor is responsible for all costs associated with the transport of oil to the Town’s tanks.

The contractor will take all reasonable and prudent steps to insure the contract users of a continuous supply of oil.

If the contractor is unable to supply the required volume or quality of oil, and the contract user purchases oil from another supplier, the contractor will be responsible to pay the price differential and any associated penalties incurred by the contract user. The contractor shall be responsible for the net cost difference between replacement fuel supply cost and the cost of the contracted oil supply, plus any associated penalties, if the contractor is unable to fulfill the obligations for reasons other than force majeure. The Town reserves the right to withhold that portion of the previous month’s balance due to satisfy the contractor’s obligation in this section.

The Town has identified the accounts that are to be placed on automatic delivery (see Table 1) all other locations will be on a call to order basis. The Town reserves to right to change the list.

The Contractor must verify operational details about the locations prior to making deliveries. Delivery of oil must be made on days and during hours that are acceptable to the Town. Lead time for normal delivery will be 24 hours; 48 hours for holidays and weekends. Deliveries must follow all applicable Local, State and Federal laws and regulations.

The Contractor is responsible for paying for any damage they cause at a site. Trucks shall be used for delivery of #2 distillate oil. Each truck must be equipped with a meter that automatically prints a ticket showing number of gallons delivered, which must be signed by the delivery person and the identified Town representative. Ticket must be supplied to site at time of delivery unless the Town has requested other arrangements. Delivery vehicles must be equipped with a measuring stick, and the driver must use this stick to confirm delivery amount, if requested, unless the tank/fill configuration does not permit such a measurement.

Delivery hours for any location is Monday through Friday 8:00 A.M. to 4:00 P.M.

Table 2

Facilities to Receive Oil Delivery During Contract Period* Location No. Address Tank Size # Tanks Total

Gallons Capacity Daley Building 257R Webster Street 500 2 1,000 Hillside School 28 Glen Gary Road 6,500 1 6,500

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2.03 - Other Requirements and Conditions

The Town reserves the right to:

Inspect delivery trucks to verify quantity being delivered. The delivering contractor must supply means of inspection.

Further, facilities management may choose to physically measure the oil level in a storage tank before and after a delivery in order to verify the amount delivered.

Take samples of oil for analysis, either at the shipping point or delivery point in order to verify the quality of the product being supplied. If tests show that oil is substandard, then deliveries will be suspended until appropriate standards are met. Any damages or losses incurred by the Town will be charged to contractor.

Cancel any contract if, in the opinion of Town, the oil supplied, or the method of delivery is unsatisfactory.

Use another supplier if suspension of deliveries is deemed necessary. If the Town is required to pay a higher price from an alternative supplier, the difference will be charged to the contracted vendor.

Contractor must have available dispatch services 365 days a year / 24 hour a day. The need for emergency delivery will occur and the contractor must provide 24-hour, 365-day coverage. If emergency deliveries become a recurring problem, the contractor must seek resolution via contact with the Building Maintenance Division of Public Works

While performing work under this contract, the contractor shall be responsible for completing cleanup of any spills or accidental releases to the environment (pursuant to M.G.L c. 21E and other relevant regulations) at no cost to the Town. The contractor shall notify all local, state, and federal authorities as required by law in the event of such a release or threat of release. The contractor will immediately notify the user facility contact person, in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contact is not possible, then the contractor shall take appropriate response actions, and notify the contact person, in writing, as soon as possible thereafter. The contractor must provide a written summary of the response actions taken in any case within the timelines established for reporting of spills and /or contamination, as set forth in M.G.L c. 21E. A copy must also be sent to the Town Manager’s Office.

In the event of the adoption of changes to the laws regulating the Oil Industry by any governmental authority, which substantially modifies the regulatory structure in place, the parties will negotiate in good faith an appropriate amendment to this Agreement. Such amendment shall be designed to retain the existing relationships between the parties with due consideration of the risks and rewards. If a regulatory change occurs which gives rise to the belief in either party of a necessity to negotiate an appropriate amendment to this Agreement, the party claiming the need to modify the Agreement shall notify the other party at first opportunity, but in any event, within 20 days of the occurrence of the event. If, after 30 days of notice, the parties are unable to negotiate an amendment mutually agreeable to each other (or a shorter time period if the time between the announcement of the proposed change and the date of implementation is less than 30 days) then this Agreement shall terminate on the date that the regulatory change becomes effective. The Contractor agrees that it has specifically assumed the risks and liabilities associated with pricing and terms and conditions of this bid as specified in this contract except the uncertainties as specified above. Mere changes in market conditions and prices of Oil shall not be a change entitling either party to re-negotiate the Agreement.

The successful bidder shall supply a copy of their spill prevention plan. This plan is to be included with the insurance certificates to be furnished to the Town.

The Bidder must have the insurances required under this bid.

The bidder’s location must be within a 25-mile radius of the Town of Needham borders to ensure prompt delivery even during inclement weather.

The bidder must agree to execute the Town’s standard 30B Short Form Agreement.

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PART 3

SUBMISSION REQUIREMENTS

The bid is to be submitted and addressed as follows: Office of the Town Manager, Town Hall, 1471 Highland Avenue, Needham, Massachusetts 02492.

The bid is to be clearly marked: BID - Heating Oil 27NEE061G

Bidder should acknowledge all addenda related to this IFB. Failure to receive or acknowledge any addenda does not relieve the bidder of any changes, conditions, quantities, methods, requirements that may result by the issuance of an addenda. Bidders are encouraged to check the Town’s website www.needhamma.gov/bids.aspx for addenda before submitting their bid to the Town.

Bidder must submit a completed Bidder Information Response form with the contact information and questions answered.

Bidder MUST provide a minimum of three (3) 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). Do not use the names of relatives or Town Employees as references.

Do not use any previous Town contracts as a source of project reference information. You may use previous Town contracts as a record of your experience only. The Town has provided a Professional References Form (attached) that the bidder may use but is not required to use this form; however, the Bidder is required to provide in whatever format at least the requested information that is stated on the Professional Reference Form. If any of the requested information is not available, the bidder is to disclose this fact and why.

A signed Certificate of Good Faith.

A completed Certificate of Compliance with Massachusetts Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

A completed Promise to Execute Contract form which states the bidder is aware and agrees that the final contract to be executed by the parties will be done remotely via the method determined and chosen by the Town. Currently the Town uses DocuSign to execute contracts.

A completed Certificate of Authority (attached) or Corporate Resolution; if applicable.

Bidder must submit a completed Bid Price 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 to the identified locations.

No price adjustments other than those identified on bid price form and accepted by the Town will be allowed. Fuel surcharges or vehicle surcharges or adjustments will not be allowed.

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

A Bid Bond is not required.

A Performance Bond is not required.

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

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.

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PART 4

CHECKLIST AND FORMS FOR SUBMISSION

Checklist

Bidder Name: ___________________________________________________________

Bidder has completed and returned the Acknowledgement of Receipt form (prior to bid submission).

Bidder has completed, signed, and enclosed the Bidder Information Response.

Bidder has completed, signed, and enclosed the Certificate of Good Faith.

Bidder has completed, signed, and enclosed the Certificate of Compliance with Massachusetts Tax Laws or provided the Certificate of Good Standing by the Department of Revenue.

Bidder has completed, signed, and enclosed the Promise to Execute Contract.

Bidder has provided a minimum of three (3) references.

If the bid submission is signed by someone other than the Owner/President of the company, a completed

Certificate of Authority or Corporate Resolution for the person who signed the proposal stating the individual has the authority to submit the proposal on behalf of the Bidder and can bind the Company to the contract if awarded.

Bidder has completed, signed, and enclosed the Bid Price Form or an exact copy.

Bidder acknowledged all addenda if any Addendum Number 1 dated ____________________ Addendum Number 2 dated ____________________ Addendum Number 3 dated ____________________ Addendum Number 4 dated ____________________ Addendum Number 5 dated ____________________

THIS FORM MUST BE FILED WITH BID SUBMISSION

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Bidder Information Response

27NEE061G

Legal Name of the Bidder: _______________________________________________________________

Company Name: (if different) ____________________________________________________________

Company Address _____________________________________________________________________

City State Zip: ________________________________________________________________________

Company Web Address: ________________________________________________________________

Company Telephone: _____________________

State of Incorporation: _________________________________________________

Date of Incorporation: _____________________

If the bidder is a partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address.

Company Contacts - Required

Individual Submitting the Bid:

Name: _______________________________________________ Title: __________________________

Mailing Address ______________________________________________________________________

City State Zip: ________________________________________________________________________

Telephone: _____________________________

Email Address: ________________________________________________________________________

Individual to be contacted about the Bid:

Name: ________________________________________________________ Title: __________________________

Mailing Address _______________________________________________________________________________

City State Zip: ________________________________________________________________________________

Email Address: ________________________________________________________________________________

Telephone: _____________________________ Best Times to Contact: ___________________________________

It is the Bidder’s responsibility to monitor the email address for the Bidder’s contact person, provided in the Submission. The TOWN may need to contact the Bidder’s contact person with clarification requests or for other reasons. The Town assumes no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network, or internet service provider (ISP), cause e-mail communications between the Bidder and the Town to be lost or rejected by any means including email or spam

20 | P a g e filtering. Individual Authorized to Contractually Bind the Company (This will be the individual whose name and title will appear in the contract and will execute the contract if the contract is awarded to the company):

Name: ________________________________________________________ Title: __________________________

Mailing Address _______________________________________________________________________________

City State Zip: ________________________________________________________________________________

Email Address: ________________________________________________________________________________

Telephone: _____________________________ Best Times to Contact: ___________________________________

1. Has the bid been signed by a person legally authorized to commit the bidder (Company) to contract, if awarded?

Yes No

2. Is the bidder prepared to provide the insurances as required? Yes No

3. Is the bidder a legally define small/woman/minority owned business? Yes No If yes, please attach the documentation to this form.

4. Are there any exceptions to the Town’s specifications? Yes No

5. If the answer to #4 (above) was YES, have the exceptions been put in writing and included with the submission? Yes No N.A. (A “No” response may be cause for rejection)

6. The bidder confirms that neither it, nor any of its members, directors, officers, shareholders, partners, managers, principal officers, or employees have, within the three (3) years preceding this bid, in their current or former job, been convicted of, or had a civil judgment rendered against them or any of their current partners or managers, principal officers or any person who would perform any services contemplated by this BID, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract. This includes, but is not limited to, violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property? Yes No. If yes, please describe the situation(s), disclose whether the individual(s) is/are still engaged with the company.

Please attach the writing to this form.

7. Has the bidder had any contract with a municipality terminated (whether for convenience, non-performance, or any other reason), or has the bidder entered into legal action with a customer, on or after July 1, 2020?

Yes No . If yes, please describe the situation and include the name and address of the municipalities.

Please attach the writing to this form.

8. Has the bidder requested any changes to the Town’s contract? Yes No (if “yes” the changes must be attached to this form).

9. Is the Bidder prepared to execute the Town’s contract without any changes if awarded? Yes No

Signature of the Bidder: _____________________________________________________

Date:________________________

Printed Name and Title of Signatory: ___________________________________________

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CERTIFICATE OF GOOD FAITH

The undersigned hereby certifies that s/he will comply with all laws and regulations applicable to awards made subject to Massachusetts General Laws, Chapter 30B.

The undersigned certifies under penalties of perjury that this bid, or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of individual submitting the bid or proposal

Individual Full Name (Print/Type)

Name of Business (Print/Type) (Date)

Two Witnesses or Notary

Witness One Signature Witness Two Signature

Witness One Full Name (Print/Type) Witness Two Full Name (Print/Type)

Witness One Primary Address Witness Two Primary Address

OR

Commonwealth of Massachusetts County of ____________________

On this ____ day of ________, 20____, before me, the undersigned notary public, personally appeared

_____________________(name of document signer), proved to me through satisfactory evidence of identification, which were _______________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose.

as partner for ________________, a partnership.

as _______________ for ______________, a corporation.

as attorney in fact for ___________________, the principal.

as _____________ for ________________, (a) (the) _____________________.

___________________________ (official signature and seal of notary)

My commission expires: ______________________

THIS FORM MUST BE COMPLETED AND FILED WITH THE SUBMISSION

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CERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS

Certificate of Good Standing issued by the Massachusetts Department of Revenue dated no earlier than 90 days before the bid submission deadline may be submitted in place of this certificate.

Pursuant to M.G.L. c.62C, §49A , the undersigned acting on behalf of the Contractor* certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.**

• Contractor: _________________________________________ Date: _______________

Print Name: __________________________

Social Security Number: ____________________

Corporation, Association or Partnership:

_________________________________________ (Print)

Federal Tax ID Number or Social Security Number:

• By: _________________________________________ Date: _______________ (Authorized Corporate Signature)

Title: _________________________________

Note to Contractor***: Please sign at (1) or (2), whichever applies.

In order to comply with all laws of the Commonwealth relating to taxes, the undersigned certifies that Contractor (check applicable item):

1. _____ has filed all tax returns and paid all taxes required by law; or

2. _____ has filed a pending application for abatement of such tax; or

3. _____ has a pending petition before the appellate tax board contesting such…