301.016.27 Highway Salt.pdf

INVITATION FOR BID

IFB # 301/016/27

COOPERATIVE CONTRACT FOR HIGHWAY ROCK SALT, SOLAR SALT

LIQUID CALCIUM CHLORIDE 32%,

ANDOVER, MA

September 10, 2026

BIDS DUE:

October 8, 2026 11:00 AM

Late Proposals Will Be Rejected

DELIVER COMPLETED SUBMISSIONS TO:

Town of Andover, MA Central Purchasing Department

Attn: Theresa Peznola 36 Bartlet St. Andover, MA 01810

Phone: 978-623-8951 e-mail: theresa.peznola@andoverma.us mailto:twatkins@andoverma.gov

Town of Andover, Massachusetts

IFB # 301/016/27

Town of Andover, Massachusetts

Purchasing Department

COVER SHEET

The Town of Andover reserves the right to reject any or all Proposals, to omit any item or items called for, or to accept the Proposal deemed in the best interest of the Town. One Original and One (1) copy of the bid must be submitted on or before 11:00 AM on October 8, 2026 to:

Theresa Peznola, Purchasing Agent Purchasing Department

Town Offices 36 Bartlet Street

Andover, Massachusetts 01810

The envelope containing the Bid and required information must be sealed and marked with Proposer’s name, title of proposal, IFB number, and date of opening. The Proposer must sign all required signature pages in order for the proposal to be considered.

The Proposer acknowledges receipt of the following ADDENDA #

BUSINESS/INDIVIDUAL NAME_______________________________________________________

ADDRESS __________________________________________________________

CITY, STATE, ZIP CODE __________________________________________________________

TELEPHONE __________________________________________________________

EMAIL __________________________________________________________

INDIVIDUAL/AUTHORIZED SIGNATURE ______________________________________

AUTHORIZED OFFICER NAME (print) ______________________________________

DATE ______________________________________

By signing above, the authorized officer is certifying that a complete examination of all bid/rfp documents has been made and that the goods/services will be delivered within the time specified and at the prices stated.

All bidders must sign and submit with their bid the attached Certificate of Good Faith and Tax Compliance Form. Failure to do so will result in the bid being unresponsive and rejected.

If bidder/proposer is a co-partnership, all partners must execute both copies of the bid/proposal, unless one partner has been authorized to sign for the co-partnership, in which case evidence of such authority shall be submitted.

If bidder/proposer is a corporation, the authorized agent shall execute both copies of the bid/proposal.

Evidence of authority to sign must be submitted.

The Town of Andover reserves the right to reject any or all bids/proposals and waive any informalities deemed to be in the best interests of the Town.

Town of Andover Town Offices 36 Bartlet Street

Andover, MA 01810

(978) 623-8951 www.andoverma.gov

INVITATION TO BID

COOPERATIVE BID

ANDOVER, BEDFORD, BURLINGTON, LAWRENCE, LEXINGTON, LYNN, MELROSE,

METHUEN, NORTH ANDOVER, NORTH READING, READING, STONEHAM, WAKEFIELD,

WILMINGTON, WINCHESTER, AND WOBURN

Sealed bids for furnishing Highway Rock Salt, Solar Salt, and Liquid Calcium Chloride 32% to the following municipalities: Andover, Bedford, Burlington, Lawrence, Lexington, Lynn, Melrose, Methuen, North Andover, North Reading, Reading, Stoneham, Wakefield, Wilmington, Winchester, and Woburn, will be received at the Office of Central Purchasing, Town Offices, 36 Bartlet St., Andover, Massachusetts 01810, until the time specified below at which time the bids will be publicly opened and read.

The time received will be stamped on each bid and for a consistency of time the time stamp clock in the Purchasing Office will be the determining time.

ITEM BID OPENING

IFB No. 301/016/27 October 8, 2026 Highway Rock Salt, Solar Salt 11:00 AM And Liquid Calcium Chloride 32%

Bid Documents and bid forms may be obtained on the Central Purchasing Department webpage located at www.andoverma.gov/bids.

Bids shall be submitted in a sealed envelope stating the name of the bidder on the outside. These bids will be opened in the third floor conference room at the Town Offices, 36 Bartlet Street, Andover, MA 01810.

NO SECURITY IS REQUIRED ON THIS BID.

No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof.

The bidding and award of this Contract will be under the provisions of M.G. L. Chapter 30B.

Andover is an affirmative action/equal opportunity purchaser. The right is reserved by each of the municipalities to reject any or all bids, or to waive any informality in the bids, if it is deemed to be in the public interest to do so.

Theresa Peznola Purchasing Agent

ADV: Andover Townsman – September 17, 2026 Goods & Services Bulletin – September 14, 2026 http://www.andoverma.gov http://www.andoverma.gov/bids

PART 1. GENERAL INFORMATION

1.1 PROCUREMENT DESCRIPTION

The Town of Andover, Central Purchasing Department, on behalf of the communities of Andover, Bedford, Burlington, Lawrence, Lexington, Lynn, Melrose, Methuen, North Andover, North Reading, Reading, Stoneham, Wakefield, Wilmington, Winchester and Woburn is issuing this Invitation for Bids to provide Highway Rock Salt, Solar Salt, Safe Melt and Magic-O, Liquid Calcium Chloride 32%. Prices bid must be F.O.B. to each listed community.

Any contract that results from this procurement shall be for a term of one year with the option to renew for an additional two years in one year increments, at the sole discretion of the participating municipalities.

1.2 APPLICABLE LAW

This procurement will be conducted pursuant to Massachusetts General Laws Chapter 30B, Section 5.

1.3 APPROVAL

Any contract that may result from the procurement shall be subject to the approval of the Town Manager/Mayor, or his/her designee, in each of the participating communities.

1.4 INCORPORATION BY REFERENCE

All requirements, specifications, terms, conditions and addenda issued and as described in this Invitation for Bids shall be incorporated by reference into any contract that may result.

1.5 TIME FOR AWARD

Any contract that may result from the procurement shall be awarded within thirty (30) days after the bid opening. The time for award may be extended for an additional thirty (30) days by agreement between the Town(s) and apparent low bidder.

1.6 RIGHT TO CANCEL/REJECT

The Town of Andover, on behalf of all participating communities, reserves the right to cancel this Invitation for Bids or reject in whole or in part any and all bids if the Town determines that cancellation or rejection serves the best interests of the Town and all the participating communities.

1.7 TAXATION

Purchases made by the Towns/City’s are exempt from the payment of Federal excise tax and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the bid pricing.

Copies of the Town’s/City’s tax exempt paperwork shall be available upon request of the selected contractor.

1.8 OBTAINING THE INVITATION FOR BIDS

The Invitation for Bids shall be available beginning, September 14, 2026.

The Invitation for Bids and related documents shall be available for free download from the Town’s Purchasing Department webpage located on the Town’s website at www.andoverma.gov/Bids.

PART 2. INSTRUCTIONS TO BIDDERS

2.1 REQUIREMENTS AND SUBMISSIONS

Below please find a description of the requirements and submissions that must be included as part of a bid. Bids must be sealed and marked as noted.

2.1.1 BID PRICING FORM

Every bid must include a completed ‘Bid Pricing Form’. See attached. All material, equipment and labor is FOB - DESTINATION.

2.1.2 NON-COLLUSION

Every bid must include a certification of good faith with signature, certifying that the bid was made in good faith and without collusion or fraud. See ‘Non-Collusion & Tax Compliance Form’ attached.

2.1.3 TAX COMPLIANCE

Every bid must include a written certification, with signature, that the bidder has complied with all state laws relating to taxes, reporting of employees and contractors, and child support. See ‘Non-Collusion & Tax Compliance Form’ attached.

2.1.4 CORPORATE BIDDER & SIGNATURES FORM

If the bid is being submitted by a corporation, the bid must include a certification, with signature, that the individual submitting the bid has been authorized to bind the corporation. See ‘Certificate of Corporate Authority’ attached. If submitting the bid as either an individual or co-partnership, the Signatures Form, with signature, must be submitted. See “Signatures Form” attached.

2.1.5 REFERENCE FORM

Every bid must include at least three (3) references from where bidder has provided a similar supply/service. See ‘Reference Form’ attached.

2.2 BID DELIVERY

Below please find a description of the manner in which sealed bids must be submitted.

http://www.andoverma.gov/Bids

2.2.1 DUE DATE AND TIME

Bids shall be received by the Office of the Purchasing Agent on or before Friday, October 8, 2026 at

11:00 AM.

Any bid received after that time shall be rejected as non-responsive. For a matter of uniformity regarding time, the Clock in the Office of the Purchasing Agent will be the official determining time.

Bids submitted via email or facsimile will not be accepted.

2.2.2 ADDRESS

Hard copies of sealed bids shall be delivered to the Town of Andover, Office of the Purchasing Agent, Town Offices, 36 Bartlet Street, Andover, MA 01810.

2.2.3 HOURS OF OPERATION

Bids must be delivered during the normal hours of operation of the Town of Andover: 8:30 AM – 4:30 PM Monday through Friday.

2.2.4 COPIES

Bidders must submit one (1) original and one (1) copy of the bid.

2.2.5 LABELING

The outside of the envelope containing the sealed bid must be labeled with 1) the bid number 2) the bid opening date and time 3) the name of the bidder and 4) the title of the bid.

2.3 SIGNATURES

A bid must be signed as follows: 1) if the bidder is an individual, by her/him personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation, and with the corporate seal affixed (See attached “Signatures Form” and “Corporate Vote Form”).

2.4 QUESTIONS, CHANGES, MODIFICATIONS AND WITHDRAWALS

2.4.1 QUESTIONS/REQUESTS FOR CLARIFICATION

Questions concerning this Invitation for Bid must be submitted in writing to: Theresa Peznola at theresa.peznola@andoverma.us at least five (5) days prior to the bid opening date. Written responses will be mailed to all bidders on record as having picked up the Invitation for Bids.

2.4.2 CHANGES

If any changes are made to this Invitation for Bid, addenda will be issued. Addenda will be posted in the Office of the Purchasing Agent, on the website and e-mailed to all bidders on record as having picked up the Invitation for Bid.

2.4.3 MODIFICATIONS AND WITHDRAWALS

A bidder may correct, modify, or withdraw a bid by written notice received by the Town of Andover prior to the time and date set for bid opening.

Modifications must be submitted in a sealed envelope clearly labeled "Modification No.__" to the address listed in part one of this section. Each modification must be numbered in sequence, and must reference the Invitation for Bids.

After the bid opening a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

2.5 UNFORESEEN OFFICE CLOSURES

If, at the time of the scheduled bid opening, the Office of the Purchasing Agent is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until the next normal business day and at the same scheduled time as the original deadline.

Bids will be accepted until that date and time.

2.6 BID OPENING PROCEDURE

At the time and place fixed for opening of bids, the Town will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities therein.

Bidders and other persons properly interested may be present, in person or by representative.

PART 3. EVALUATION & SELECTION

3.1 RULE FOR AWARD

Any contract that results from the Invitation for Bids will be awarded to the responsive and responsible vendor offering the products and services described in this Invitation for Bids at the lowest total price.

The communities reserve the right to award each portion of the bid to one vendor or to multiple vendors.

In the case of awarding to multiple vendors, the low bidder in each category will be contacted first when placing orders. The secondary award will be placed based on different stockpile sources and availability.

Each of the municipalities will be responsible for making their own specific arrangements with the selected vendor(s).

PART 4. TERMS & CONDITIONS

4.1 TERM OF CONTRACT

The contract period for the initial term shall commence approximately on November 1, 2026 and terminate on October 31, 2027. Each of the participating communities will have the option to renew the contract, at their sole discretion, for an additional two years, in one year increments.

4.2 ASSIGNMENTS AND SUBCONTRACTING

The selected contractor(s) shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the Town.

4.3 PAYMENT

The Town shall make every effort to furnish payment within thirty (30) days of receipt of a reasonably detailed invoice. Any invoice received must reference the contract or IFB number.

4.4 INSURANCE REQUIREMENTS

All insurance requirements for the Town of Andover are in listed in Section 34.2.4 of the attached Contract. Vendors are hereby notified that each participating municipality will be responsible for issuing their own Contract with their own terms, conditions and insurance requirements.

4.5 INDEMNIFICATION

The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys’ fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town’s gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification.

4.6 FEDERAL AND STATE LAW

The selected contractor shall comply with all applicable Federal, State and Local laws and ordinances.

4.7 PROTECTION OF TOWN/CITY/SCHOOL PROPERTY

The successful contractor shall maintain adequate protection of the individual school within the property of all schools involved. Including, but not limited to protection from any harm arising in connection with the delivery of bid items and shall pay or cause payment to be made for any such damage incurred. All delivery personnel entering school properties must have a current approved CORI.

4.8 INSPECTIONS

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

COOPERATIVE CONTRACT FOR THE PURCHASE OF HIGHWAY ROCK SALT,

SOLAR SALT, and LIQUID CALCIUM CHRLORIDE 32%

IFB NO. 301/016/27

SPECIFICATIONS

HIGHWAY ROCK SALT, SOLAR SALT

AND Organic Alternatives; SAFE MELT (or equivalent), MAGIC-0 (or equivalent), Liquid Calcium Chloride 32%

SPECIFICATIONS

The following municipalities: Andover, Bedford, Burlington, Lawrence, Lexington, Lynn, Melrose, Methuen, North Andover, North Reading, Reading, Stoneham, Wakefield, Wilmington, Winchester, and Woburn are collectively and cooperatively taking bids on Highway Rock Salt, Solar Salt.

The prices submitted shall be valid for one (1) year from date of the contract. The contract may be renewed for up to two (2) additional one (1) year periods at the current contract price.

The communities reserve the right to award each portion of the bid to one vendor or to multiple vendors. In the case of awarding to multiple vendors the low bidder in each category will be contacted first when placing orders. The secondary award will be placed based on different stockpile sources and availability.

Each of the municipalities will be responsible for making their own specific arrangements with the selected vendor/vendors.

The estimated Salt quantities to be delivered to various locations in the fifteen (15) communities are as follows:

ESTIMATED

TOWN SALT TONNAGE DELIVER TO

Andover 8,000 5 Campanelli Drive, Andover, MA Bedford 5,000 Seasonal Storage Facility - 108 Carlisle Road Burlington 3,500 Grant Avenue Lawrence 9,000 Municipal Garage, 1 Auburn Lexington 5,000 Samuel Hadley Public Services Bldg., 201 Bedford St.

Lynn 12,000 250 Commercial Street, Lynn, MA Melrose 6500 City Yard, 72 Tremont St.

Methuen 9,000 Town Yard, Lindberg Ave.

North Andover 6,000 384 Osgood St.

North Reading 3,500 166 Chestnut St., Town Garage Reading 8,000 75 Newcrossing Rd (Walkers Brook Dr.-DPW Yard)

Stoneham 4,000 Pine Street - DPW Yard Wakefield 6,000 Nahant St. Pit Wilmington 4,500 Off Rte 62 behind cemetery Winchester 4,000 Town Yard, 15 Lake St.

Woburn 10,000 Town Garage, 50 North Warren St.

TOTAL 104,400

The bidder shall submit with his bid the type and source of salt he intends to supply and the results of recent analysis of the material, showing water content and percent of sodium chloride.

All salt to be provided under this bid shall be treated with an acceptable anti-caking agent.

All stockpiles shall be adequately protected against moisture. If lumps larger than 12" develop in the salt piles within three (3) days of delivery, the vendor shall be notified immediately that the quantity delivered is unacceptable and must be removed and replaced by the vendor at his cost. All delivery slips must be certified and attested by a certified weigher.

Deliveries must be made within forty-eight (48) hours from time of the order.

SAFE MELT SPECIFICATIONS

TOWN

Estimated Safe Melt gallons DELIVER TO North Andover 5,500 384 Osgood St.

Wakefield 6,000 Nahant St. Pit Winchester 3,000 Town Yard, 15 Lake St.

TOTAL 14,500

SAFE MELT® 40/60 (40% organic byproduct performance enhancer/60% calcium chloride brine) liquid de-icing agent or approved equal, provided in gallon measurements.

A quality controlled byproduct of fermentation and industrial processing of various agricultural base stocks or raw materials, an aqueous solution composed of carbohydrates, proteins and minor compounds obtained from agricultural sources.

Solids Concentration: The total solids obtained by drying at 221º F (105º C) shall be not less than 40% and typically should be 50%-60% by weight. These solids should be classified as post consumer waste.

Environmental: The material should be biodegradable – not accumulate in soils nor have any detectable effects on ground water. The product should be safe for humans, animals and fish; will not stimulate aquatic plant growth.

Corrosivity: The product should be corrosion inhibited i.e. have a lower corrosion index than water and meet the PNS (Pacific Northwest States Coalition) specifications for inhibited de-icers. (NACE TM-0169 (76 rev.)

Applications: Be a practical and effective material for stockpile treatment i.e. be retained by the salt or salt/sand mix at the rate of 8 gallons per ton, for onboard pre-wetting i.e. adhere to the dispensed solids and for liquid anti-icing. The material will pass a 100 mesh filter and not clog pumps and nozzles.

Deliveries

By accepting the award, the bidder agrees that they will deliver liquid de-icer during major storms within twenty-four hours after hours including, Saturdays, Sundays and holidays.

MAGIC-0 Specifications:

TOWN ESTIMATED GALLONS DELIVERY ADDRESS

Bedford 10,000 Seasonal Storage Facility – 108 Carlisle Road Melrose 2,500 City Yard, 72 Tremont Street Woburn 25,000 Town Garage – 50 North Warren Street

TOTAL 37,500

Magic-0 (20% organic byproduct performance enhancer/80% magnesium calcium chloride brine) liquid de-icing agent or approved equal, provided in gallon measurements.

Production Formulation:

Magnesium Chloride (MgC12) 30% 80.0% Molasses (80.0% conc.) 20.0%

PRODUCT SPECIFICATION

No. Properties Test Method Typical Values Specification Limit

Physical Characteristics:

1 Appearance Visual Brown Brown

2 pH, deicer 1+4

ASTM D-

1293 4.1 3.0 to 5.0

3 Specific gravity @ 15oC/ 60oF

ASTM D-

1429 1.3 1.290 to 1.310

4 Weight (lbs per gallon)

ASTM D-

1429 10.88 10.78 to 10.98

Chemical Characteristics:

Magnesium Chloride Content (wt/wt)% PNS 24.00% 23.0 to 25.0

6 Sodium Chloride Content PNS - 0.0 to 1.0 7 Calcium Chloride Content PNS - 0.0 to 1.0

8 Potassium Chloride Content PNS - 0.0 to 1.0 9 Carbohydrate Content - 16.00% 15.0 to 17.0

10 Total Solid Content - 40.00% 38.0 to 45.0

Performance Characteristics:

11 Corrosion % effectiveness PNS 22.4 <30% 12 Freeze point temperature PNS -45oC / -51oF -45oC / -51oF 13 Freezer settable solid PNS <1.0% <1.0% 14 % Solid passing #10 sieve PNS >99.0% >99.0%

HEAVY METAL ANALYSIS

Metal Typical Values Specification Limit

Arsenic < 1.0 ppm Max 5.00 ppm

Barium < 0.5 ppm Max 10.0 ppm

Cadmium < 0.05 ppm Max 0.20 ppm

Chromium < 0.5 ppm Max 0.50 ppm

Copper < 0.1 ppm Max 0.20 ppm

Cyanide < 0.05 ppm Max 0.20 ppm

Lead < 0.5 ppm Max 1.00 ppm

Mercury < 0.02 ppm Max 0.05 ppm

Selenium < 1.0 ppm Max 5.00 ppm

Zinc < 0.1 ppm Max 10.00 ppm

Phosphorus < 5.0 ppm Max 25.0 ppm

COOPERATIVE BID NO. 301/016/27

HIGHWAY ROCK SALT, SOLAR SALT

AND LIQUID CALCIUM CHLORIDE 32%,

Organic Alternatives; SAFE MELT (or equivalent), MAGIC-0 (or equivalent)

BID SHEET

We the undersigned, herewith propose to furnish the requirements of the following municipalities: Andover, Bedford, Burlington, Lexington, Lawrence, Lynn, Melrose, Methuen, North Andover, North Reading, Reading, Stoneham, Wakefield, Wilmington, Winchester and Woburn, with Rock Salt, Solar Salt and Liquid Calcium Chloride 32% in accordance with their prices submitted below:

PRICE PER GALLON PER DELIVERY

LIQUID CALCIUM CHLORIDE 32% 1 – 500 $_________________

501 – 1500 $_________________

ESTIMATED 1501 – 2500 $___________________

QUANTITY 2501 – 3500 $___________________

98,500 Gallons 3501 – 5000 $___________________

PRICE PER TON

ESTIMATED ROCK SALT ROCK SALT SOLAR SALT SOLAR SALT

QUANTITY DEL’D PRICE F.O.B. PLANT DEL’D PRICE F.O.B. PLANT

82,300 Tons $___________ $___________ $___________ $___________

BRAND NAME: __________________________________________________________________

MANUFACTURER:________________________________________________________________

LOCATION OF NEAREST SOURCE:__________________________________________________

TERMS OF CONTRACT_____________________%__________DAYS. NET _________________

SAFE MELT

PRICE PER GALLON PER DELIVERY

1 – 500 $___________________ 501 – 1500 $___________________

ESTIMATED 1501 – 2500 $_____________________

QUANTITY 2501 – 3500 $___________________ __

14,500 Gallons 3501 – 5000 $___________________

MAGIC-0

PRICE PER GALLON PER DELIVERY

1 – 500 $___________________ 501 – 1500 $___________________

ESTIMATED 1501 – 2500 $____________________

QUANTITY 2501 – 3500 $___________________ _

50,000 Gallons 3501 – 5000 $___________________

COMPANY NAME_________________________________________________________________

ADDRESS________________________________________________________________________

CITY, STATE, ZIP_________________________________________________________________

CONTACT PERSON________________________________________________________________

TEL. & FAX NOS._________________________________________________________________

DATE____________________________________________________________________________

COMPANY'S IDENTIFICATION #___________________________________________________

Minimum truckload quantity for Salt is 20 to 25 tons. Bulk rock salt will be treated with an anti-caking agent.

Our rock salt will meet all the required specifications of the Mass. D.P.W.

FURNISH & DELIVER HIGHWAY ROCK SALT, SOLAR SALT

ANDOVER, MA

Bid No. 301/016/27

REFERENCES FORM

Bidders Name: _____________________________________________________

Bidders Address:___________________________________________________

Bidder must provide references for similar type projects performed within the past three years.

Attach additional pages if necessary.

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

CERTIFICATION OF GOOD FAITH & NON-COLLUSION

The undersigned certifies under pains and penalties of perjury that this bid 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.

CERTIFICATE OF STATE TAX COMPLIANCE

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature of authorized individual submitting bid/proposal

Printed Name

Name of Business (if applicable)

Social Security or Federal Tax Identification Number

SIGNATURES

(IF AN INDIVIDUAL )

Date , 20_____

Signature of Bidder (SEAL) (Owner and Proprietor)

Business Name D/B/A

Business Address

(IF A CO-PARTNERSHIP )

Date ,20______

Firm Name (SEAL)

By (SEAL)

Business Address

Names and Addresses of all

Members of Firm

(IF A CORPORATION )

Date , 20______

Corporate Name

By President or Authorized Agent*

Business Address

*Statement of authorization, duly signed by proper authority, to be attached hereto.

CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of ______________________________ _______________________________ held on ________________________ at which all the Directors were present or waived notice, it was voted that ______________________________, __________________________ of this company, be and he/she hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company’s name on its behalf by ___________________________________, shall be binding upon this company.

A TRUE COPY ATTEST:

Clerk, Date of this Contract

I hereby certify that I am the Clerk of ____________________________________, that _________________________________ is duly elected ________________________ of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Clerk Corporate Seal

SWORN TO AND SUBSCRIBED BEFORE ME THIS _________ DAY OF _______________,

Notary Public

If a corporation, complete above or attach to each signed copy of the bid/written request/quotation, a notarized copy of vote of corporation authorizing the signatory to sign this bid/written request/quotation form. If attesting clerk is the same person as the individual executing this contract, have signature notarized above.

Town of ANDOVER

Contract

(GOODS / SERVICES)

DATE: ___________________

This Contract is entered into on, or as of, this date by and between the Town of Andover (the “Town”), and

[Telephone Number] [FAX Number] [E-Mail]

1. This is a Contract for the procurement of the following:

2. The Contract price to be paid to the Contractor by the Town of Andover is:

3. Payment will be made as follows:

4. Definitions

4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of Andover.

Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract.

4.2 Contract Documents: All documents relative to the Contract including (where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period or proposal. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

4.3 The Contractor: The “other party” to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term “Contractor” shall be understood to refer to any other such label used. The Contractor’s relationship to the Town is that of an independent contractor and not that of an agent or employee of the Town. There is no relationship of employment or agency between the Town and the Contractor and neither party shall have or exercise any control or direction over the method by which the other performs its work or functions aside from such control or directions as provided in this Contract which the parties view as consistent with their independent contractor relationships.

4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders.

4.5 Goods: Goods, Supplies or Materials.

4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 Work: The services or materials contracted for, or both.

5. Term of Contract and Time for Performance

This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before ________________, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract.

6. Subject to Appropriation

Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. The Town may immediately terminate or suspend this Agreement without liability on the part of the Town for damages, penalties or other charges in the event the appropriation(s) funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement.

7. Permits and Approvals

Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor.

8. Termination and Default

8.1 Without Cause. The Town may terminate this Contract at its sole discretion on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination.

8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.

8.3 Default. The following shall constitute events of a default under the Contract:

1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor’s reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor’s reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor’s reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or regulations, and Town bylaws and/or regulations.

9. The Contractor’s Breach and the Town’s Remedies

Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above.

From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract.

10. Statutory Compliance

10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the Massachusetts General Laws are incorporated by reference into this Contract, including, but not limited to, the following:

M.G.L. Chapter 30B – Procurement of Goods and Services.

M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts.

M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts.

10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree.

11. Conflict of Interest

Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A.

12. Certification of Tax Compliance

This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).

13. Affirmative Action; Non-Discrimination

The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended.

The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law.

14. Condition of Enforceability Against the Town

This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form.

15. Corporate Contractor

If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk’s Certificate or if a Limited Liability Corporation, a Manager’s Certificate or other documentation satisfactory to the Town certifying the corporate capacity and authority of the party signing this Contract for the corporation.

Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of Andover unless and until the Contractor complies with this section.

16. Liability of Public Officials

To the full extent permitted by law, no official, employee, agent or representative of the Town of Andover shall be individually or personally liable on any obligation of the Town under this Contract.

17. Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify, defend and save harmless the Town, its officers, attorneys, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses costs, expenses, recoveries and judgments of every nature and description

(including reasonable attorneys’ fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the

Contractor, its employees, agents, subcontractors, material men, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment regardless of whether or not it is caused in part by any party indemnified hereunder. The existence of insurance shall in no way limit the scope of the Contractor’s indemnification under this Contract.

In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any

Subcontractor under Workmen’s Compensation Acts, disability benefit acts or other employee benefit acts.

The duty to defend, indemnify and hold harmless shall immediately accrue and be owing upon the utterance of such a claim by any person or entity regardless of merit and shall not be dependent upon a finding of negligence or any other finding of fact at trial. The duty to defend shall be absolute and shall not be defeated or in any way undermined by the utterance of claims not covered by this Contract.

The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor’s responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the Work.

18. Workers Compensation Insurance

The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker’s Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and the Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article.

The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract in a form satisfactory to the Town before the same shall be binding on the parties thereto, except if specifically waived by the Town.

18.1 The Contractor further understands and agrees that in rendering services to the town under this Contract that the Contractor is an independent contractor and not an employee of the Town, that the Contractor is not covered by the Town’s Workers’ Compensation, or liability insurance, that the Contractor shall not make any claim against the Town, its officers, agents and employees and that the Contractor indemnifies, holds harmless, and releases the Town from any claims of the Contractor or of any other party that may arise in whole or in part out of or in connection with the work being performed by the Contractor.

19. Documents, Materials, Etc.

Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data.

Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract.

All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium.

20. Confidentiality

The Contractor shall comply with M.G.L. ch. 66A if the Contractor becomes a “holder” of “personal data”. The Contractor shall also protect the physical security and restrict any access to personal or other Town data in the Contractor’s possession, or used by the Contractor in the performance of this Contract, which shall include, but is not limited to the Town’s public records, documents, files, software, equipment or systems.

21. Record-Keeping and Retention, Inspection of Records

The Contractor shall maintain records, books, files and other data as specified in this Contract and in such detail as shall properly substantiate claims for payment under this Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. The Town shall have access during the Contractor’s regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense.

22. Assignment

The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the Town.

23. Subcontracting By Contractor

Any subcontract entered into by the Contractor for the…