CITY OF FRAMINGHAM

Invitation for Bids

COOPERATIVE BID FOR ROAD SALT (SODIUM CHLORIDE) AND/OR

TREATED ROCK SALT

IFB # PW-1285

Bids Due:

Thursday, September 17, 2026 by 10:00 a.m.

*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-1285

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)

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 Reference Form

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PRICE SHEET

To the Awarding Authority:

A. The Undersigned proposes to furnish the products required for: # IFB #PW-1285 –

COOPERATIVE BID FOR ROAD SALT (SODIUM CHLORIDE) AND/OR TREATED ROCK

SALT 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: _____________

C. Bid Item #1: Road Salt (Sodium Chloride) – Delivered

Unit Price Per Ton - Delivered: $_______________________

Unit Price Per Ton – Delivered (Written): ________________________________

Bid Item #2: Treated Road Salt - Delivered

Unit Price Per Ton - Delivered: $_______________________

Unit Price Per Ton – Delivered (Written): ________________________________

Additional Item:

Road Salt Per Ton – Picked Up At Plant: $

24 x 7 Customer Assistance Telephone Number:

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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 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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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 or subcontractor 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, IFB #PW-1285 Cooperative Bid for Road Salt Page | 11 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.

• 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

IFB #PW-1285 Cooperative Bid for Road Salt Page | 12 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 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

IFB #PW-1285 Cooperative Bid for Road Salt Page | 13 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 tier.

(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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INTENTIONALLY

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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-1285– FY27 Cooperative Bid for Road Salt

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BIDDER REFERENCE FORM

(SUBMIT WITH BID)

Bidder Name: ______________________________________________

Please provide a list of references on the vendors performance of similar scope as required by this IFB within the required time period designated under the Item entitled “Bidder Prerequisites”, including all current contracts. Use additional sheets as necessary. Include the following information for each reference:

Customer Name: __________________________________________________________

Address: ________________________________________________________________

Contact Name and Title: ____________________________________________________

Phone and Fax/E-Mail of Contact: ____________________________________________

Contract date(s): ___________________________________________________________

Contract cost: _____________________________________________________________

Description of Work: ________________________________________________________

Customer Name: __________________________________________________________

Address: ________________________________________________________________

Contact Name and Title: ____________________________________________________

Phone and Fax/E-Mail of Contact: ____________________________________________

Contract date(s): ___________________________________________________________

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Contract cost: _____________________________________________________________

Description of Work: ________________________________________________________

Customer Name: __________________________________________________________

Address: ________________________________________________________________

Contact Name and Title: ____________________________________________________

Phone and Fax/E-Mail of Contact: ____________________________________________

Contract date(s): ___________________________________________________________

Contract cost: _____________________________________________________________

Description of Work: ________________________________________________________

Customer Name: __________________________________________________________

Address: ________________________________________________________________

Contact Name and Title: ____________________________________________________

Phone and Fax/E-Mail of Contact: ____________________________________________

Contract date(s): ___________________________________________________________

Contract cost: _____________________________________________________________

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Description of Work: ________________________________________________________

Customer Name: __________________________________________________________

Address: ________________________________________________________________

Contact Name and Title: ____________________________________________________

Phone and Fax/E-Mail of Contact: ____________________________________________

Contract date(s): ___________________________________________________________

Contract cost: _____________________________________________________________

Description of Work: ________________________________________________________

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PART 1. GENERAL INFORMATION

1.1 PROCUREMENT DESCRIPTION

The City of Framingham (‘City), acting through the Mayor, the Awarding Authority invites sealed bids for PW-1285 –COOPERATIVE BID FOR ROAD SALT (SODIUM

CHLORIDE) AND/OR TREATED ROCK SALT.

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.

1.1.3 APPROVAL

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

Mayor of Framingham or his Designee.

1.1.4 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.

1.1.5 METHOD FOR AWARD

Multiple contracts may be awarded to the lowest responsible and eligible bidder(s) offering the lowest total estimated contract price per ton, delivered for each bid items described in the price sheet, subject to the reservations contained herein and to the exceptions set forth in M.G.L. c. 30, Chapter 30B or Chapter 149, whichever is applicable within ninety (90) calendar days after the bid opening. The City may award up to three (3) bidders for each of the items set forth in the price sheet.

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1.1.6 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.

1.1.7 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.

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1.1.8 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.

1.1.9 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.

1.1.10 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 the City the right to terminate this Contract without assessment or termination costs or penalties.

1.1.11 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 EMPLOYMENT OPPORTUNITY

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

2.1.6 BIDDER REFERENCE FORM

Every bid must include a list of vendor references of similar scope and size.

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2.1.7 BID DELIVERY

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

2.1.8 DUE DATE AND TIME

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

www.bidnetdirect.com//cityofframingham until 10:00 a.m. on Thursday, September 17, 2026.

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

Bids must be submitted electronically through the City’s Bidnet 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.

2.1.9 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.

2.2.0 QUESTIONS

Questions concerning this Invitation for Bids must be submitted in writing before 10:00 a.m. on September 10, 2026 through the Bidnet:

www.bidnetdirect.com//cityofframingham

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

2.2.1 CHANGES

http://www.bidnetdirect.com/cityofframingham

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

www.bidnetdirect.com//cityofframingham

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

2.2.2 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 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.

2.2.3 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.

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.

Bidder must provide a price for all line items on the price sheet.

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2.2.4 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.

2.2.5 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.

2.2.6 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/89350872464?pwd=IlP2hdDm2zbzRIONF7SX6TszvfiaXI.1

Meeting ID: 893 5087 2464 Passcode: 421225 https://us02web.zoom.us/j/89350872464?pwd=IlP2hdDm2zbzRIONF7SX6TszvfiaXI.1

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2.2.7 PRE-BID CONFERENCE

N/A

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PART 3. SCOPE OF WORK

General

Acting in accordance with M.G.L. c. 7, Section 22B, as amended by Chapter 53 of the Acts of 1971, the following named Political Subdivisions have agreed to enter into a Cooperative Bidding

COMMUNITIES

ESTIMATED QUANTITIES

ROAD SALT

ESTIMATED QUANTITIES

TREATED SALT

Ashland 3,000 tons 0 tons

Bellingham 4,000 tons 1,000 tons

Framingham 15,000 tons 0 tons

Holliston 0 tons 2,200 tons

Hopedale 1,000 tons 0 tons

Marlboro 8,000 tons 200 tons

Milford 5,000 tons 0 tons

Natick 7,000 tons 0 tons

Sherborn 1,000 tons 400 tons

TOTAL ESTIMATED

QUANTITY:

44,000.00 tons

3,800 tons

The estimated quantities set forth by the Political Subdivision are indicated above. It is understood and agreed that the quantities shown are approximate and that the contract shall cover the actual amount ordered for delivery during the contract period, whether this be more or less than quantities indicated.

An increase or decrease in the quantity of road salt shall not be regarded as a cause for an increase in the unit price(s).

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1. Each Political Subdivision using this bid shall be responsible for its own contracts, purchase orders and payment of invoices.

2. The contractor shall carry the required amount of insurance as shown by the insurance requirement enclosed herewith. Certificate of Insurance acceptable to each Political Subdivision shall be provided to each Political Subdivision prior to the commencement of work.

3. Each Political Subdivision may require the Contractor to furnish a Performance Bond for the benefit of their city and/or town in the amount of twenty-five (25%) of their estimated quantity of Road Salt. Each individual Bidder shall include in their proposal the cost per $1,000 to provide such bonds if awarded the primary contract and if the provision of the bond is requested by the Political Subdivision(s). The surety company issuing the bond shall be qualified to do business under the laws of the Commonwealth of Massachusetts and be satisfactory to each Political Subdivision.

4. The Contractor shall maintain a 24-hour, 7-day per week telephone number that is staffed by a knowledgeable person who can provide assistance to customers in resolving problems or in the placement of orders. Answering machines are not acceptable.

5. Salt deliveries shall be made within three (3) calendar days from the order date. However, each Political Subdivision reserves the right to require salt deliveries within twenty-four (24) hours when conditions warrant and because of the emergency nature of the salt’s use.

6. Delivery terms are F.O.B. destination storage area(s) as specified by each Political

Subdivision. If at any time the Contractor is unable to furnish materials or services as ordered by the Political Subdivisions:

A. The Contractor shall be obligated to obtain delivery from another supplier and the

Contractor will in turn invoice the Political Subdivision at the Price specified in the contract with the Political Subdivision, OR

B. The Political Subdivision may order such materials or services from such places as are available, and the Contractor shall pay, as liquidated damages, all expenses incurred above the contract price.

7. All Political Subdivisions are exempt from the payment of Federal Excise Taxes and

Massachusetts Sales Taxes. Prices quoted herein shall not include these taxes.

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8. The Contractor shall indemnify and save harmless all Political Subdivisions for all damages to life and property that may occur due to his negligence or that of his employees or subcontractors during the life of this contract.

9. The Contractor shall not sub-contract or sublet any portion of the work without the consent of the Political Subdivisions involved in the contract.

10. The contract period will be for a period of one (1) year beginning October 1, 2026 and running through September 30, 2027.

11. The Contract will be awarded to the responsible and responsive bidder who offers the lowest price per ton for each type of delivered road salt, i.e., Sodium Chloride and Treated Road Salt.

12. The right is reserved to make multiple awards up to a maximum of three (3) bidders for each type of road salt, i.e., Sodium Chloride and Treated Road Salt.

13. The right is reserved to reject any and/or all bids and waive any minor technicalities or informalities if deemed in the best interest of the Political Subdivisions to do so.

Bid Item #1: Road Salt (Sodium Chloride)

1. Salt shall be treated with sufficient anti-caking conditioner to prevent caking. The rate shall be two (2) pounds of conditioner per ton of salt. Salt delivered in a caked, sticky or lumpy condition that requires reprocessing to make it usable shall be cause for rejection of the entire delivery with replacement delivery to be made at no additional charge to the Political Subdivision(s).

2. All Sodium Chloride must be covered during transit with canvas or other suitable material and must be delivered, in a dry condition. Sodium Chloride will be considered to be in a dry condition only when the water content does not exceed one percent (1.0%) by weight. Water content over one percent (1.0%) shall be considered excess. Moisture content over one- and one-half percent (1.5%) by weight may, in the judgment of the Buyer, will be cause for rejection of the material.

3. The Road Salt shall conform to the following requirements as to chemical compositions: Sodium Chloride (NACL) minimum percent 98.0%.

4. The Road Salt shall conform to the following requirements as determined by

Laboratory sieve:

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Passing 7/16” sieve (minimum) 100% Passing 3/8” sieve 95-l00% Passing No. 4 (4760 - Micron sieve) 20-90% Passing No. 8 (2380 - Micron sieve) 10-60% Passing No. 30 (590 - Micron sieve) 0-10%

Bid Item 2. Treated Road Salt (Road Salt Treated with Liquid Magnesium Chloride/ Liquid)

Organic Based Performance Enhancer LMC/OBPE Ice B Gone I®, Ice B Gone II®, Magic O®, Safe Melt® or equal

The Treated Salt shall meet the following requirements:

CONTAMINATION

Upon inspection of delivered salt, the material shall be uniform in appearance, free flowing and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash or any other material that could reasonably be expected to interfere with the use, handling or storage of the salt.

FLOWABILITY

Properly stored product (covered or inside storage) shall be uniform and free flowing in a manner consistent with its intended use and shall show no objectionable clumping or caking.

LEACHING

Properly stored product (covered or inside storage) shall show no indication of objectionable leaching or separation of components to the extent that such condition produces adverse in the handling or usage of the product or routine maintenance of the storage facility.

4. CHEMICAL COMPOSITION

Shall be not less than 91.2% Sodium Chloride. Percent of Sodium Chloride shall be determined as follows: Apparent total % of Sodium Chloride content shall be determined in accordance with current ASTM-D-632. Magnesium and Calcium content shall be determined in accordance with

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ASTM E-534 and computed as % Magnesium Chloride and % Calcium Chloride respectively. % Sodium Chloride shall then be computed as follows:

% Sodium Chloride = % Apparent Sodium Chloride - (% Magnesium Chloride + % Calcium Chloride)

SIZE GRADING

The salt, when tested using sieves as described in ASTM-C-136 (*) shall conform to the following requirements for particle size distribution:

Sieve Size Percent Passing (**)

½" - (12.5 MM) 100

3/8" - (9.5 MM) 95 - 100

No. 4 - (4.75 MM) 20 - 90 No. 8 - (2.36 MM) 10 - 60 No. 30 - (600 Microns) 0 – 15

* - A drying temperature of 110oC ± 5oC should be used.

** - Tolerance of 5 percentage points on the maximum value of the range for each sieve except ½" (12.5 mm) and 3/8" (9.5 mm) sizes, on which no tolerance will be allowed.

MOISTURE CONTENT

Moisture content shall not exceed 4.8% when determined as follows:

% Moisture = (W1 - W2) / (W1) X 100 where: W1 = Initial weight of sample W2 eight of sample after drying to a constant weight at 11 C C.

SAMPLING

Sampling shall be done in accordance with current ASTM-D632. The participating Cities/Towns reserve the right to take samples from the contractor’s stockpile or transfer point.

ACCEPTANCE

The treated salt may be rejected if it fails to conform to any of the requirements of this specification.

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NON-COMPLYING PRODUCT - PRICE DEDUCTIONS

9.1 Non-Complying Product - Price Deduction – Moisture

If the moisture content of the treated salt is found to be above 5.3%, a deduction for moisture content will be made from the delivered bid price based on the following formula:

Reduced Price/Ton = Delivered Contract Price/Ton x (1.106 - 2x) where: X = Moisture content of the sample (expressed as the decimal equivalent of the percentage of the original sample weight to the nearest 1%)

9.2 Non-Complying Product - Price Deduction - Gradation (Particle Size Distribution) If, after delivery, the gradation of the treated salt is found to be out of tolerance, a deduction from the price shall be made based on the following formula:

Reduced Price/Ton = Delivered Contract Price x (1.00 - Y) where: Y = the decimal equivalent of the total % out of gradation. The % out of tolerance for each sieve shall be to the nearest 1%. The total of the individual sieve tolerance deviations shall be used as Y.

9.3 General

A non-complying product - price deduction is not to be assessed unless the proper Analysis and test procedures are followed. If the contractor consistently delivers salt found to be above 2% moisture content or consistently not conforming to the gradation requirements, the contract shall be subject to cancellation either in whole or in part.

CALCULATIONS

Calculations performed relative to this specification shall be made using the rounding off method of “ASTM Recommended Practice E-29 for Designating Significant Places in Specified Limiting Values”.

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PART 4. TERMS AND CONDITIONS

4.1 TERM OF CONTRACT

The term of this contract shall begin on/or about October 1, 2026 and end on September 30, 2027.

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

For accountability and payment purposes, a receipt signature must be secured when salt is delivered. Bills must be sent promptly after each delivery to the individual Political Subdivisions.

a. Contractor shall submit invoices to the contracting City/Town.

b. If the Contract is utilized by multiple City Divisions, the invoice must designate the City

Division responsible for the order.

4.1.2 INSURANCE REQUIREMENTS

General- The Contractor shall before commencing performance of the Contract be responsible for providing and maintaining insurance coverage in force for the life of the

Contract of the kind and in adequate amounts to secure all of the obligations under the

Contract and with insurance companies licensed to write insurance in the Commonwealth of

Massachusetts. All such insurance carried shall not be less than the kinds and amounts designated herein, and the Contractor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Contractor to any such kinds and amounts of insurance coverage. All policies issued shall indemnify and save harmless the

City of Framingham, its agents and employees from any and all claims for damages to persons or property as may rise out of the performance of this Contract.

Vendor’s General Liability Insurance - The Contractor shall carry Comprehensive General

Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) and a total (or aggregate) limit or not less than Two Million Dollars ($2,000,000.00).

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Comprehensive Automotive and Property Damage Insurance - The Contractor shall carry

Automobile Insurance covering all owned vehicles, hired vehicles or non-owned vehicles under the control of the Contractor while performing work under the Contract in the amount of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries and Property Damage coverage in the amount of not less than One Million

Dollars ($1,000,000.00) for all damages to or destruction of property.

No cancellation(s) of such insurance, whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the City of Framingham at least fifteen (15) days prior to the intended effective date thereof, which date shall be expressed in said notice, which shall be sent by registered mail, return receipt requested. These provisions shall apply to the legal representative(s), trustee in bankruptcy, receiver, assignee, trustee, and successor(s) in interest of the

Contractor.

All insurance coverage shall be at the sole expense of the Contractor and shall be placed with such company as may be acceptable to the City of Framingham and shall constitute a material part of the contract documents.

Failure to provide written proof to City and continue in force such insurance as aforesaid shall be deemed a material breach of the contract, and may constitute sufficient grounds for immediate termination of the same.

4.1.3 CHANGE ORDERS AND ADJUSTMENTS

Any request for a change order or adjustment must be submitted in writing and contain, an explanation of the need for the change order, a statement of work including a cost breakdown of each addition, and a statement that the change order is in the best interest of the awarding authority.