PW-1279- IFB - On Call Snow Hauling Services (final).pdf

CITY OF FRAMINGHAM

Invitation for Bids

ON-CALL SNOW HAULING SERVICES

IFB # PW-1279

Bids Due:

Thursday, September 10, 2026 by 11:00 a.m.

*THIS BID IS FOR ON-CALL SNOW HAULING SERVICES ONLY

NOT SNOW PLOWING

**Late bids will be rejected

Brian E. Turbitt

Chief Procurement Officer City of Framingham

150 Concord Street, Room 205 Framingham, MA 01702

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IFB #PW-1279

COVER SHEET

PLEASE PRINT OR TYPE:

Name of Bidder:

Contact Individual:

Address:

# Street City/Town Zip Code

Phone:

Alternate Phone:

Email Address: Social Security/Federal Tax Identification Number:

Authorized Signature:_______________________________________

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CHECKLIST

Submissions:

Completed Cover Sheet

Checklist (this sheet)

Signed Price Sheet

Signed Addenda (if applicable)

Signed Bid Bond Form

5% Bid Deposit

Signed Certificate of Non-Collusion

Signed Tax Compliance Certification

Signed Certificate as to Corporate Bidder

Signed Certificate of Foreign Corporation (if applicable)

Signed Affirmative Action & Equal Employment Opportunity

Bidder Information

Bidder Reference Form

Sample Forms:

Sample Payment Bond Form

Sample Contract

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PRICE PROPOSAL SHEET

To the Awarding Authority:

A. The Undersigned proposes to furnish the products required for: # IFB #PW-1279 –On-Call

Snow Hauling Services in accordance with the City of Framingham’s terms, conditions and specifications attached to this invitation for bid and at the prices and terms indicated below:

B. This bid acknowledges the following addenda:

No.:_____________ Dated: _____________

No.: ________________ Dated: _________________

No.: ____________ Dated:_____________

Description

Enter Number (Quantity) of Equipment to Be

Available Under Contract

Unit Price

Per Hour

(Yr.1)

Unit Price

Per Hour

(Yr.2)

Unit Price

Per Hour

(Yr.3)

10-Wheeler

Triaxle

Roll Off Dump Truck (30 yd or greater)

Trailer Dump

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Enter Equipment Information Below

MAKE MODEL REGISTRATION # TYPE OF

EQUIPMENT

Bidders Name: ___________________________________

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned certifies that the bidder has examined the Contract Documents and is familiar with the proposed supply including, but not limited to, the availability of the supply, and that bid amount shall cover the expenses incurred in the performance of the contract.

If Bidder is a corporation, indicate state of incorporation, and affix corporate seal. If Bidder is a partnership, give full names and residential addresses of partners. If Bidder is an individual

IFB #PW-1279 – On Call Snow Hauling Services Page | 6 proprietorship, give residential address if different from business or indicate same as business address.

Date:

(Name of Bidder)

By:

(Name of Person Signing Bid)

(Corporation: State of Incorporation and Seal) or (Partnership or Proprietorship: Residential Address

(Business Address)

(City and State)

(Zip Code)

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BID BOND FORM

KNOW ALL MEN BY THESE PRESENTS, that we:

(insert full Name and Address of Bidder) as Principal, hereinafter called the Principal, and:

(insert full Name and Address of Surety) as Surety, a corporation duly organized under the laws of the State of ______________________ and duly registered to conduct a surety business in Massachusetts, hereinafter called the Surety, are held and firmly bound unto CITY OF FRAMINGHAM, Framingham, Massachusetts, as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the total amount bid for the payment of which sum well and truly be made, the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid for:

(insert full Name of Project)

NOW THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and give such bonds as may be specific in the Bid Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the persecution therefore, and such other documents as may be required by the Bid Documents, then this obligation shall be null and void; but in the event of the failure of the Principal following Obligee's acceptance of Principal's Bid to enter such Contract and give such bonds within ten

(10) calendar days of receipt of such Contract, or such other documents as may be required, this obligation shall remain in full force and effect, and the Surety shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said Bid.

Signed and sealed this ________ day of _____________, 2026

(Principal)

Witness as to Principal

(Seal)

(Title)

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(Surety)

Witness as to Surety

(Seal)

(Title)

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CERTIFICATIONS

FORM A

NON-COLLUSION

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 authorized individual submitting proposal)

(Printed Name)

(Name of Proposer)

(Date)

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FORM B

ATTESTATION OF 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.

(Printed Name)

(Name of Proposer)

(Federal Tax Identification or Social Security Number)

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FORM C

CERTIFICATE OF CORPORATE AUTHORITY (if applicable):

I, _______________________________ certify that I am the _____________________ of the corporation named as Bidder in the Bid included herein, that _________________, who signed said Bid on behalf of the Bidder was then ________________________ of said corporation, that I know his signature, that his signature thereon is genuine and that said Bid was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal) (Secretary-Clerk)

(Printed Name)

(Name of Proposer)

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FORM D

CERTIFICATE OF FOREIGN CORPORATION (if applicable)

In accordance with Massachusetts General Laws Chapter 30, Section 39 and Chapter 149, any foreign Contractor is required to provide a certificate from the secretary of state stating that such corporation has complied with Massachusetts General Laws Chapter 181, Section 3 and 5, including the date of compliance. Further, bidder's attention is called to Massachusetts General

Laws Chapter 268A. In connection with which the bidder is requested to submit the following information:

Full Legal Name

Telephone

State of Incorporation

Principal Place of Business

Qualified in Massachusetts

Place of Business in Massachusetts

Signature

Notarization:

Subscribed and sworn on the ________day of_______________, 2026

Title

Commission expires:

If state of incorporation is Massachusetts, insert MASSACHUSETTS on State of Incorporation line and disregard other parts of the form.

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FORM E

AFFIRMATIVE ACTION & EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

Pursuant to Article X, Section 1 of the Framingham Home Rule Charter adopted on April 4, 2017 “All general laws, special laws, town by-laws, town meeting votes, and rules and regulations of or pertaining to Framingham that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitation….”

Section 1 - AFFIRMATIVE ACTION REQUIREMENTS Bidders are advised of the requirements of the following City By-law, which was adopted at the Special Framingham Town Meeting of December 8, 1971 and approved by the Attorney General on March 14, 1972.

Section 2 - No City agency shall enter into any contract for the purchase of goods or services for the construction, maintenance, renovation or repair of any building, structure, street, way, utility or other public works with any contractor which does not take affirmative action to provide equal employment for all qualified persons without regard to race, color, religion, sex or national origin.

Section 3 - Each bidder and contractor shall include with all bids and all compliance and progress reports submitted to any agency or a report, which shall include:

• A certificate stating that he is currently in compliance with the provisions of the Massachusetts General Laws, Chapter 151 governing nondiscrimination in employment and setting forth the affirmative action he is currently undertaking and will undertake during the contract period to provide equal employment opportunity for all qualified persons without regard to race, color, religion, sex or national origin. A copy of any such report shall be filed in the office of the Town Clerk and shall upon filing become a public record.

Section 4 - Every Town Agency shall include in every contract hereinafter entered into the purchase of goods or services or for the construction, maintenance, renovation services or repair of any buildings, structure, street, way utility or other public works the following provisions:

During the performance of this contract, the contractor agrees as follows:

• The contractor will take affirmative action to ensure that employees are solicited and employed and that the employees are treated during employment without regard to race, color, religion, sex or national origin.

• The contractor will in all solicitation or advertisements for employees placed by on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

• The contractor and subcontractors will include the provisions of subsections (a) and (b) above in every subcontract or purchase order.

Section 5 - As used in this section, affirmative action means positive steps to ensure all qualified persons equal employment without regard to race, color, religion, sex or national origin at all stages of the employment process, recruitment, selection, placement, promotion, training, layoff and termination. It may include, but not limited to the following:

• Inclusion in all solicitation and advertisements for employees of a statement that the contractor is an "Equal Opportunity Employer."

• Placement of solicitation and advertisements for employees in media that reaches minority groups.

• Notification in writing of all recruitment sources that the contractor solicits the referral of applicants without regard to race, color, religion, sex or national origin.

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• Direct solicitation of the support of responsible and appropriate community, state and federal agencies to assist in recruitment efforts.

• Participation is or establishment of apprenticeship or training programs where outside programs are inadequate or unavailable to minority groups.

• Modification or collective bargaining agreements to eliminate restrictive barriers established by dual lines of seniority, dual rates of pay or dual lines of promotion or progression which are based on race, color, religion, sex or national origin.

Section 6 - The Human Relations Commission shall receive and investigate or cause to be investigated complaints by employees or prospective employees of a Town contractor, subcontractor, or supplier.

Findings and determinations on such investigations, together with the records and recommendations, shall be reported by the Human Relations Commission to the Board of Selectmen and the contracting agency concerned. The Human Relations Commission shall cooperate with the Board of Selectmen and with each contracting agency by providing assistance in reviewing affirmative action plans, and to contractors seeking qualified minority group employees, and shall itself seek such employees.

Section 7 - The provision of this section shall not apply to any contract for less than $5,000 or to bidders and contractors employing fewer than six persons provided that where the contract is for less than $5,000 but not less than $2,000, any Town agency may apply the provision of this section to any contract, bidder, or contractor.

EQUAL EMPLOYMENT OPPORTUNITY

No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Reference Title VI of the Civil Rights Act of 1964 (42 USC 2000d) and Section 112 of Public Law 92-65.

Form EDA-503. The Recipient and all Contractors, subcontractors, suppliers, lessees and other parties directly participating in the Recipient's project agree that during and in connection with the associated agreement relating to the Federally assisted program.

(1) They will comply, to the extent applicable, as Contractors, subcontractors, lessees, suppliers, or in any other capacity, with the applicable provisions of the Regulations of the United States Department of Commerce (Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and will not thereby discriminate against any person on the grounds of race, color, or national origin in their employment practices, in any of their own contractual arrangements, in all services or accommodations which they offer to the public, and in any of their other business operations, (2) they will provide information required by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (3) their non-compliance with the nondiscrimination requirements of said Regulations and these assurances shall constitute a breach of their contractual arrangements with the Recipient whereby said agreements may be canceled, terminated or suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings.

Executive Order 11246, 30 Fed. Reg. 12319 (1965) (Equal Opportunity Clause)

During the performance of this contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to

IFB #PW-1279 – On Call Snow Hauling Services Page | 15 ensure the applicants, are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

b. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause.

c. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of rules, regulations, and relevant orders of the Secretary of Labor.

f. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, record, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Each Contractor and subcontractor of federally financed construction work is required to file an Equal Employment Opportunity Employer Information Report (EEO- 1 on Standard Form 100) annually on March 31. Forms and instructions are available at the EDA Regional Office.

g. In the event of the Contractor' noncompliance with the non-discrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed (and remedies involved) as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include the provisions of paragraphs a through h in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Contractor. The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

1. Exemptions to Above Equal Opportunity Clause (4) CFR Chap.60):

(1) Contracts and subcontracts not exceeding $10,000 (other than government bills of lading) are exempt. The amount of the contract, rather than the amount of the Federal financial assistance, shall govern in determining the applicability of this exemption.

(2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second

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(3) Contracts and subcontracts not exceeding $100,000 for standard commercial supplies or raw materials are exempt.

OTHER PROHIBITED INTEREST

No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interest personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

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City of Framingham, Massachusetts

Date

To: City of Framingham, Framingham, MA

I have read the Affirmative Action Requirements and Equal Employment Opportunity as adopted by the Town of Framingham on December 8, 1971 and approved by the Massachusetts Attorney General on March 14, 1972 and agree to affirmatively implement all practices necessary to comply with said requirements.

A copy of a portion of the City By-law is attached as part of the bid specifications.

Signed Name Title

Company

Contract No.: PW-1279 – On Call Snow Hauling Services

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BIDDER INFORMATION

BIDDER INFORMATION (SUBMIT WITH BID)

Bidder: ______________________________________________________________________

Business Trade or Field: _________________________________________________________

Previous experience in this trade or field is _____________ years.

Equipment owned by the Bidder and planned to be used on jobs in Framingham:

Bidder shall list all projects that his/her company defaulted on and reasons for defaults:

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BIDDER REFERENCE FORM

(SUBMIT WITH BID)

(1) Reference Name (Contact Person):

City/Town/Company:

Fax:

Email:

Dates of Services Provided:

_____ / _____ / _____ to _____ / _____ /

Description of Services Provided:

(2) Reference Name (Contact Person):

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(3) Reference Name (Contact Person):

____ / _____ / _____ to _____ /_____ /

(4) Reference Name (Contact Person):

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(5) Reference Name (Contact Person):

_____ / _____ / _____ to _____ / _____ /

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SAMPLE PAYMENT BOND

Bond No.

KNOW ALL MEN BY THESE PRESENT, that we with a place of business at as principal (the “Principal”), and______________________ a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at as Surety

(the “Surety”), are held and firmly bound unto City of Framingham as Obligee (the “Obligee”), in the sum of

______________lawful money of the United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.

WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of __________, and entitled IFB #1279 – On-Call Snow Hauling Services

NOW, THE CONDITIONS of this obligation are such that if the Principal and all Subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, the provisions of Massachusetts General Laws, Chapter 30, Section 39A, and Chapter 149, Section 29, as amended, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREFORE, the Principal and Surety have hereto set their hands and seals this day of

, 2026.

PRINCIPAL SURETY

[Name and Seal] [Attorney-In-Fact][Seal]

[Title] [Address]

[Phone]

Attest:__________________________ Attest: ______________________________

The rate for this Bond is % of the first $_ and % for the next

The total premium for this Bond is $ .

END OF PAYMENT BOND

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PART 1. GENERAL INFORMATION

1.1 PROCUREMENT DESCRIPTION

Bids shall be submitted in compliance with and shall be governed by the City’s Short Form of Agreement Between City of Framingham and Contractor.

1.1.2 APPLICABLE LAW

This procurement will be conducted pursuant to Massachusetts General Laws Chapter 30B inclusive as amended.

1.1.4 APPROVAL

Any contract(s) that may result from the procurement shall be subject to the approval of the

Mayor or his Designee.

1.1.5 INCORPORATION BY REFERENCE

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

1.1.6 METHOD FOR AWARD

The City will award as many contracts as there are vehicle and equipment types from responsive and responsible bidders. Contracts will be awarded in order or priority based on price, i.e, the lowest hourly rate submitted by a responsive and responsible bidder for specified vehicle or equipment will be awarded the principal contract, the second lowest, the second priority and so forth. When the City needs a particular vehicle or piece of equipment, it will call the first priority Contractor and if it cannot provide the specified hauling services, the second and so forth until the City can obtain the needed vehicle or piece of equipment to provide the specific hauling services. Subject to inspection and approval, contracts shall be awarded within ninety (90) business days.

The successful bidder will within ten (10) calendar days of the notification of contract award by the City, execute a contract in accordance with the terms and conditions of this bid and furnish insurance certificates and contract bonds as required herein.

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1.1.7 RIGHT TO CANCEL/REJECT

The City reserves the right to cancel this Invitation for Bids in whole or in part any and all bid if the City determines that cancellation or rejection serves the best interests of the City.

Bids which are incomplete, conditional or obscure, or which contain any additions not called for, or which otherwise do not conform to the requirements of the applicable statutes or to the requirements for submission set forth herein will be rejected as non-responsive. Bids which contain erasures, alterations or irregularities of any kind or which fail to fully meet the requirements for bid submission set forth herein, or which contain abnormally high or abnormally low prices for any item of work may be rejected as non-responsive.

More than one bid from the same bidder, whether or not the same or different names appear on the signature page, will not be considered. Reasonable grounds for believing that any bidder is so interested in more than one bid for the work contemplated may cause rejection of all bids made by that bidder directly or indirectly.

Any or all bids potentially affected by collusion will be rejected if there is reason for believing that collusion exists among the bidders. The decision of the City will be final.

Bidders whose bids have been rejected because of evidence of collusion will not be Considered in future bids for the same work and may be disqualified from bidding on future work.

The City shall reject any bid that does not include the signed Non-Collusion and Attestation Forms provided in the Bid Package.

1.1.8 EXAMINATION OF BID DOCUMENTS AND SITE OF WORK

Before submitting the bid, the Bidder shall become familiar with the Bid Documents that will form parts of the Contract, shall have investigated in detail the locations of work and shall have made such examination thereof as may be necessary to satisfy itself in regard to the character of the work involved and all conditions affecting the work to be done and labor and materials needed, including impact on other City work, and make the Bid in sole reliance thereon. Statements as to the condition under which work is to be performed are made solely to furnish a basis for comparison of Bids, and while the City believes them to be correct, the City does not guarantee their accuracy. The Bidder is responsible for verifying visible and reasonably anticipated conditions.

1.1.9 DAMAGES DUE TO CONTRACTORS OPERATIONS

The Contractor shall repair, replace or rebuild to the satisfaction of the City, any and all parts of the premises which may be damaged or destroyed by the acts or omissions of the Contractor, its officers, agents, or employees and, if the Contractor shall fail to do repairs, replace or rebuild with due diligence, the City may, at its option, perform any of the forgoing work and the Contractor shall pay to the City the cost thereof; and the Contractor shall be the insurer of the City, its employees, agents and guests against the risk of theft, damage or

IFB #PW-1279 – On Call Snow Hauling Services Page | 25 destruction to any and all property of the City, its employees, agents or guests located on the premises which theft, damage or destruction results from or arises out of the Contractor’s operations hereunder.

1.1.10 SEVERABILITY

If any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Contract shall be enforced to the fullest extent permitted by law.

1.1.11 SUBLETTING AND ASSIGNMENT OF CONTRACT

The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or its right, title, or interest therein, without prior written consent of the City. In case such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform with its own organization, work amounting to not less than 50 percent (50%) for labor and 50 percent (50%) for materials of the original total Contract Price. Subletting, selling, transfer, assigning or otherwise disposing of the Contract, shall not release the Contractor of its liability under the Contract and bonds.

The Contractor shall direct the attention of any Subcontractors to all of the requirements of the work which they undertake including insurance and minimum wage requirements.

Subcontractors shall not sublet, sell, transfer, assign or otherwise dispose of the work or any portion thereof, to any other subcontractor, without the prior written consent of the Chief Procurement Office for the Department of Public Works, obtained via the Contractor.

1.1.12 PERSONAL LIABILITY

In carrying out the provisions of the Contract or in exercising any power or authority granted them by their position, there shall be no liability upon the members of the City, its agents or employees or their authorized representatives or assistants, either personally or as officials of the City, it being understood that in such matters they act as agents and representatives of the city.

1.1.13 FORCE MAJEURE

Neither party shall be liable to the other nor deemed to be in breach of this Contract for failure or delay in rendering performance arising out of causes factually beyond its control and without its fault or negligence. Such causes may include but are not limited to: Acts of God or the public enemy, wars, fire, floods, epidemics, quarantine restrictions, strikes, unforeseen freight embargoes or unusually severe weather. Dates and times of performance shall be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay. It is agreed that since the efficiency of performance of this Contract is of the essence, continued failure to perform for periods aggregating thirty (30) or more calendar days, even for causes beyond the control of the Contractor, shall afford

IFB #PW-1279 – On Call Snow Hauling Services Page | 26 the City the right to terminate this Contract without assessment or termination costs or penalties.

1.1.14 TAXATION

Purchases made by the City 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 City’s tax-exempt paperwork shall be available upon request of the selected Contractor.

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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.

2.1.1 PRICE SHEET

Every bid must include a completed ‘Price Sheet’ refer to attached document). The Bidder shall furnish all material, equipment and labor to complete the work for the City of

Framingham. This means the supplier is responsible for delivering the goods to the specific location and covering the transportation costs and risks until the items are received.

2.1.2 NON-COLLUSION

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

2.1.3 TAX COMPLIANCE

Every bid must include a written certification that the bidder has complied with all state laws relating to taxes, reporting of employees and Contractors, and child support. See ‘Tax

Compliance Form’ attached.

2.1.4 CORPORATE BIDDER

If the bid is being submitted by a corporation, the bid must include a certification that the individual submitting the bid has been authorized to bind the corporation. See ‘Certificate of

Corporate Authority’ attached.

2.1.5 AFFIRMATIVE ACTION & EQUAL OPPORTUNITY

Every bid must include a signed Affirmative Action & Equal Opportunity form. See attached.

2.1.6 REFERENCE FORM

Every bid must be accompanied by at least five (5) references from previous contracts requiring the services or goods of type described herein.

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2.1.7 BID DEPOSIT

Every bid must be accompanied by a bid deposit in the amount of five percent (5%) of total base bid.

2.1.8 PAYMENT BOND

The selected contractor shall be required to furnish a Payment Bond in the amount of fifty percent (50%) of the contract price, within 10 days of the date of notification of the contract award.

2.1.9 BID DELIVERY

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

2.2.0 DUE DATE AND TIME

The City of Framingham (“the City”) will be accepting competitive bids electronically, through the City of Framingham’s Bidnet Direct portal:

www.bidnetdirect.com//cityofframingham until 11:00 A.M. on Thursday, September 10, 2026

Any bid received after that time shall be rejected as non-responsive.

Bids must be submitted electronically through the City’s Bidnet Direct system. Bids submitted through any other means, such as mail, email or hand delivery, will not be accepted and will be rejected by the City as non-responsive.

2.2.1 SIGNATURES

All Bids shall be signed by a person having legal authority to bind the Bidder to the terms and conditions of the Bid, and the person so signing the Bid shall give the person’s own name, business address and title. Bids not properly signed will be rejected as non-responsive.

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.

2.2.2 QUESTIONS

Questions concerning this Invitation for Bids must be submitted in writing before 11:00 a.m. on Thursday, September 3, 2026 through the Bidnet Direct:

www.bidnetdirect.com//cityofframingham http://www.bidnetdirect.com/cityofframingham

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Written responses will be posted on Bidnet Direct for all bidders on record as having viewed/downloaded the IFB.

Neither the Procurement Administrator nor any other employee of the City is authorized to give interpretations of any portion of the Contract or to give information as to the requirements of the Contract in addition to that contained in the Contract. Interpretations of the Contract or additional information as to its requirements, where necessary, shall be communicated to bidders by written addendum, which addendum shall be considered part of the Contract.

2.2.3 CHANGES

If any changes are made to this Invitation for Bids, addenda will be posted on Bidnet Direct:

www.bidnetdirect.com//cityofframingham

The Addendum will be posted on Bidnet Direct for all bidders on record as having viewed/downloaded the IFB.

2.2.4 FORM, MODIFICATIONS AND WITHDRAWALS OF BIDS

A bidder may correct, modify, or withdraw bid by written notice received by the City of

Framingham prior to the time and date set for bid opening.

Bid modifications must be submitted via the Bidnet Direct clearly labeled "Modification

No.__". 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 City 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.

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2.2.5 BIDDER PREREQUISITES

Only Bidders who can comply with the following should submit bids as only such Bidders will be considered qualified:

a. The bidder shall have been in the business of providing the product(s) and or service(s) for which it is submitting prices herein, for a period of no less than five (5) consecutive years prior to the bid opening date.

b. The bidder shall have provided such services or goods of the size and scope similar to that described herein to no less than five (5) commercial or industrial customers within the last two (2) years.

c. Bidder shall include with its bid a list of references for previous contracts requiring the services or goods of the type described herein, including a brief description of the services or goods provided and contact information. A “Bidder Reference Form” is included for the bidder’s convenience.

2.2.6 INTERPRETATION OF ESTIMATED QUANTITIES

Unless otherwise stated, quantities shown in the Specifications and Price Sheets represent the estimated quantities of labor and materials which might be expected to be encountered during the contract period. In the event of a discrepancy between the estimated quantities shown in the Specifications and those shown in the Price Sheets, quantities shown in the Price Sheets shall control. The City does not expressly or by implication agree that the actual amount of work will correspond therewith. These estimated quantities will be used solely for the comparison of bids.

The City reserves the right to increase, decrease, or delete the amount of any or all items of work after bids have been received. Such increase, decrease, or deletion in the quantity for any item shall not be regarded as cause for an increase or decrease in the unit prices.

No allowance will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly or indirectly from such increased, decreased, or deleted quantities or from unbalanced allocation among the Contract items or overhead expenses on the part of the bidder and subsequent loss of expected reimbursement therefore or from any other cause.

2.2.7 UNFORESEEN OFFICE CLOSURES

If, at the time of the scheduled bid opening the Memorial Building, 150 Concord Street, Framingham, MA 01702 is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 10:00 AM on the next normal business day. Bids will be accepted until that date and time.

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2.2.8 BID OPENING PROCEDURE

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

The bid opening may be viewed on Zoom using the following link:

Join Zoom Meeting https://us02web.zoom.us/j/87540646316?pwd=Bf4Fvim7owPRWyFy0eDoZ73NrLTnKX.1

Meeting ID: 875 4064 6316 Passcode: 020807

2.2.5 PRE-BID CONFERENCE

N/A

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https://us02web.zoom.us/j/87540646316?pwd=Bf4Fvim7owPRWyFy0eDoZ73NrLTnKX.1

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PART 3. SPECIFICATIONS FOR SNOW HAULING SERVICES

I. Introduction

The City intends to contract for on-call snow hauling services on an hourly basis. The types of equipment that may be required are listed in the Price Sheet, and the bidders should state in the space provided the number of such pieces of equipment available for each type and the hourly rates for each snow season (Year 1, Year 2 and Year 3). It is expected that the City will contract with multiple contractors. Contractors are not guaranteed that any actual work will be performed and will only be paid if services are actually provided.

When the Director of DPW or their appointed designee determines that the hauling of snow is necessary, and that it is advantageous to call Contractors to perform snow hauling services, the Director or their designee will determine which types of equipment, and how many are necessary to be used for the hauling operation. The Contractor with the lowest hourly rate for each type of equipment will be called first. If that Contractor has not contracted for enough pieces of equipment that the Director or designee has determined are needed for the hauling operation or the Contractor notifies the Director designee that the equipment is not available for hauling operations on the dates and times the Director determines that hauling is necessary, then the Contractor with the next lowest hourly rate will be called, and so forth until the Director has secured the equipment necessary for the hauling operation.

If more than one Contractor has contracted with the City for the same hourly rate for a particular type of equipment, then the Contractor providing the most available pieces of equipment of that particular type in their contract will be called prior to the other Contractors with fewer pieces of equipment of that particular type available under their contract.

II. Responsibilities of Contractors

a. The Contractor (and any subcontractor) shall furnish sufficiently trained and competent personnel to perform the Work required of the Contractor under this Contract.

b. The Contractor shall provide adequate contract orientation for all staff to be assigned on a permanent, temporary, or call-in basis. This shall include familiarization of equipment type and the respective locations of work. All staff involved in executing this Contract should be familiar with their contractual responsibilities pertaining to security, safety, inspection guidelines, and activities around all work locations.

c. Check In: The driver of each piece of equipment is responsible for checking that piece of equipment in and out. Only the driver will sign the sign in sheet on behalf of the Contractor unless otherwise instructed by the City of Framingham. This shall occur at 1 Henry Street unless otherwise directed. Equipment must arrive within two (2) hours of being called, fully fueled and ready to initiate hauling services or the City may contact the next Contractor with the lowest hourly rate for the type of equipment called.

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d. Contact Information: Contractors must provide contact information, including a phone number, for a primary contact person and at least one (1) backup contact person where Contractors will be reachable 24 hours per day, 7 days per week. In the event the Director of DPW or their designee attempts to contact a Contractor at the phone number(s) provided, and no response is received within one (1) hour, for any reason, such non-response will be treated as if the Contactor had notified the Director that none of its contracted equipment is available for that particular hauling operation during the dates and times that the Director has determined that a hauling operation was necessary. Cell phones are mandatory for all hired equipment operators. All phone numbers will be provided to the dispatcher when equipment is checked in. If there are any changes in operators, new contact information must be provided.

Vehicle Inspections

Contractors may be required to schedule vehicle inspections for equipment used for the purpose of this snow hauling contract. Inspections will be scheduled upon request of the City.

The vehicle at the time of inspection must fully meet all conditions set forth in this contract. If the equipment does not pass the inspection the first time, the contractor may modify the equipment and request a re-inspection or supply another piece of equipment after submitting necessary documentation to the Highway Division and receiving authorization. However, in no event will a contractor be given a third opportunity to pass an inspection if either the original or the replacement equipment fails the second inspection.

All contracted equipment must be up to Massachusetts Department of Transportation (MassDOT) standards and may be inspected by the City at any time prior to execution if a contract or prior to or while performing snow hauling services.

Equipment/Vehicle Registrations

a. The Contractor shall be responsible for fuel, repairs and/or equipment and personnel necessary to operate trucks or equipment and shall bear any and all risk of loss should personnel, truck or equipment be injured or damaged while performing duties under the contract with the City.

b. All hauling operations shall be continued without interruption unless said interruption is authorized by the DPW Director or their designee.

c. The equipment furnished under this contract must be in accordance with the following specifications and fully comply with any and all applicable Motor Vehicle Laws of the Commonwealth of Massachusetts including showing a valid Massachusetts State Registration. Copies of vehicle registrations for each contracted vehicle must be presented to the Department of Public Works at the time of contract signing.

d. Any additional types of equipment proposed for use under this contract must meet requirements and criteria as herein established and must also be individually approved by

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1. Each piece of equipment will have one set of tire chains for each vehicle;

2. Rotary-type light with a yellow/amber lens visible for 360 degrees around for each vehicle;

3. Ballast as supplied by the Contractor;

4. Plow unit must have an automatic tripping devise as to protect manholes and other protrusions above the top of the pavement;

5. All electrical and mechanical systems to be in excellent operating condition

The Director of DPW or their designee shall make the final decision as to trucks and equipment sizes and categories, blade measurements and bucket capacities.

Removal of an Operator or Equipment

In the event that equipment being used by the Contractor fails at any time to meet the approval of the Director of Public Works, the Director will have the right to order such equipment off the job.

Similarly, any operator found to be in any way a detriment to the satisfactory performance of these services, such employee shall be ordered off the job at once and thereafter shall not be allowed to engage in any part of the services. The contractor shall be responsible for furnishing an appropriate replacement within a 60-minute time period.

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PART 4. TERMS AND CONDITIONS

4.1 TERM OF CONTRACT

The term of this contract shall be for one year (1) year commencing on/or about November 1, 2026 and ending on/or about October 31, 2027, subject to annual appropriation. This contract may be renewed in writing at the sole option of the City with the same terms and conditions for up to two (2) additional one-year periods by giving notice to the Contractor at least ninety (90) days prior to the expiration date.

The City will not accept the Bidders terms and conditions. Do not submit a proposal unless willing to execute the attached contract.

4.1.1 INVOICE SUBMITTAL

a. The Contractor shall submit invoices to the location designated by the City in its Notice to Proceed.

b. Invoices which do not include required attachments will be returned to the Contractor and time for payment shall be calculated from the time an accepted invoice with all required attachments is received by the City.

4.1.2 INSURANCE REQUIREMENTS

General- The Contractor shall before commencing performance…