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Contract #: 673 - From: 07-01-2013 To: 06-30-2016 - NRT Bus Inc - North Andover School Department
5p, r7 NORTH ANDOVER PUBLIC SCHOOLS 566 Main Street North Andover, MA 01845 p �• Phone: (978) 794-1503 FAX: (978) 794-0231 July 27, 2017 Mr. John McCarthy, President NRT Bus, Inc. 55 Hampshire Road Methuen, MA 01844 Dear Mr. McCarthy: In accordance with the provisions of the contract between the North Andover School Department and NRT Bus, Inc. (Contract #673), the contract and the respective unit prices (see attached) to provide student transportation to and from school is extended through the 2017-2018 school year (July 1, 2017 through June 30, 2018). Please provide updated insurance certificates listing the North Andover School Department as `Additional Insured' in accordance with the contract document. The insurance certificates are to be sent to the attention of Jim Mealey, Assistant Superintendent for Finance and Operations. If you have any questions and/or concerns, please call Mr. Mealey at 978-794-1503. Respe t lly Dr. ifer Price Superintendent cc Jim Mealey, Assistant Superinetendent Contract File The mission of North Andover Public Schools is to cultivate a respectful community of engaged learners, insightful thinkers. and effective conununicators. A North Andover School Department Transportation Contract Prices for 2017-2018 Vendor: North Reading Transportation 55 Hampshire Road Methuen, MA 01844 Ph: 617-681-4100 2017-2018 In Town Transportation - School Year 3 Tier Buses $ 319.00 per bus per day 2 Tier Buses $ 299.00 per bus per day Mid day Kindergarten $ 75.00 per bus per day Mini Buses $ 357.00 per bus per day Vans $ 235.00. per bus per day Monitors $ 92.00 per bus per day * 5th and last year of contract. Must be re -bid for 2018-2019 NORTH ANDOVER PUBLIC SCHOOLS 566 Main Street • North Andover, MA 01845 p'• Phone: (978) 794-1503 FAX: (978) 794-0231 June 27, 2016 Mr. John McCarthy, President NRT Bus, Inc. 55 Hampshire Road Methuen, MA 01844 Dear Mr. McCarthy: lot In accordance with the provisions of the contract between the North Andover School Department and NRT Bus, Inc. (Contract #673), the contract and the respective unit prices (see attached) to provide student transportation to and from school is extended through the 2016-2017 school year (July 1, 2016 through June 30, 2017). Please provide updated insurance certificates listing the North Andover School Department as `Additional Insured' in accordance with the contract document. The insurance certificates are to be sent to the attention of Jim Mealey, Assistant Superintendent for Finance and Operations. If you have any questions and/or concerns, please call Mr. Mealey at 978-794-1503. Respectful , Dr. J fer Price Superintendent cc Jim Mealey, Assistant Superintendent Contract File The mission of North Andover Public Schools is to cultivate a respectful community of engaged learners; insightful thinkers, and effective communicators. i NRT Bus, Inc./North Adnover School District 2016-2017 In Town Transportation - School Year 3 -Tier Regular Buses $ 303.00 per bus per day 2 -Tier Regular Buses $ 273.00 per bus per day Mini Buses $ 251.00 per bus per day Vans $ 212.00 per bus per day Monitors $ 85.00 each per day NORTH ANDOVER SCHOOL DEPARTMENT CONTRACT DATEJuLY 1, 2013 This Contract is entered into on, or as of, this date by and between the North Andover School Department (the "School"), and Contractor: NRT Bus, Inc Address: 55 Hampshire Road Methuen, MA 01844 Telephone Number: 978-681-4100 Fax Number: 978-688-1251 This is a Contract for the procurement of the following: transportation services, including regular transportation, field trips and athletic events and special education transportation 2. The Contract price to be paid to the Contractor by the School Department is: as bid in response to the Transportation RFB issued February 2013. 3. Payment will be made as follows: in accordance with the standard payment practices of the Town of North Andover. 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the North Andover School Department. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the School to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Contract by and between North Andover Public Schools and NRT Bus, Inc Page 1 Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the School. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before _June 30, 2016, unless extended pursuant to the provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the School is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. Contract by and between North Andover Public Schools and NRT Bus, Inc Page 2 8. Termination and Default: 8.1 Without Cause. The School may terminate this Contract on seven (7) calendar days notice when in the best interests of the School by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the School to be in default of any term or condition of this Contract, the School may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the School; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the School, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the School as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the School's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the North Andover School Department shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract by and between North Andover Public Schools and NRT Bus, Inc Page 3 Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the School may keep the whole or any part of the amount for expenses, losses and damages incurred by the School as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by- law, regulation, order or decree, it shall forthwith report the same in writing to the School. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the North Andover School Department, the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation Contract by and between North Andover Public Schools and NRT Bus, Inc Page 4 whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the School and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the School that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assijznment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability gainst the School: This Contract is only binding upon, and enforceable against, the School if: (1) the Contract is signed by the School Superintendent or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Contract by and between North Andover Public Schools and NRT Bus, Inc Page 5 North Andover School Department unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the School, the Town of North Andover„ the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the School for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the School's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the School for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Contract by and between North Andover Public Schools and NRT Bus, Inc Page 6 The Contractor shall furnish to the School evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the School. . 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the School, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the School, in the United States or any other country. The School shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the School shall vest in the School at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the School before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the School may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Pam The School agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the School of the work completed. 23. Waiver and Amendment Contract by and between North Andover Public Schools and NRT Bus, Inc Page 7 Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the North Andover School by being sent to the Office of the School Superintendent, 1600 Osgood Street, Suite #3059, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 28. Supplemental Conditions: Contract by and between North Andover Public Schools and NRT Bus, Inc Page 8 The foregoing provisions apply to all contracts to which the North Andover School Department shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Contract by and between North Andover Public Schools and NRT Bus, Inc Page 9 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE SCHOOL Divi 'o YI)epartment Head Contract Manager THE CONTRACTOR Company Name Sc 1uperintendent Date gnatur Date Print Name & Title APPROVED AS TO FORM: Town Coun I Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: �QQ�'J , L"Aa 0 c Town ccountant Date Contract by and between North Andover Public Schools and NRT Bus, Inc Page 10 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the North Andover School Department, and �/fZj�/� _/U(� , which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, § 13. 4. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence, $3 Million aggregate, and $10 Million umbrella excess coverage, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. .However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it, the School and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and Contract by and between North Andover Public Schools and NRT Bus, Inc Page 11 made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the School prior to commencement of this Agreement. 5.6 The School and the Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the School, the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the School for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the School's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: /( z( Lfll3 Town dounse6 I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Town yCountant Date: ;� ^�� 0 NORTH A OVER SCHOOL DEPT Schoo er' tendent qef�rtment/Division Head THE CONTRACTOR: Contract by and between North Andover Public�/eliools and/KRT Bus, Inc Page 12 CERTIFICATIONS CERTIFICATE OF 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 natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Print Name & Tit e Date 0*,e�f 'uc— Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory fore -- Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Date Contract by and between North Andover Public Schools and NRT Bus, Inc Page 13 CERTIFICATE OF VOTE At a duly lautthorized meeting the Board of Directors of the held on 'XI 2-- it was VOTED, THAT ' A6��g4 �JO rl� J, (Name) (Officer) of ,kLZ7- & be and hereby is authorized to execute contracts and bonds in the name and on behalf of said /V&,7— 16W - .Z71/C-- , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of /i/k-T /'3a"C- �L'—/(/� on its behalf by such officer under seal of , shall be valid and binding upon IV8" Zff- . I hereby certify that I am the clerk of the above named IVZi ���- /l. _ and that �hAl � %, is the duly elected officer as above of said �(%I21% % , �2f"✓e , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Contract by and between North Andover Public Schools and NRT Bus, Inc Page 14 APPENDIX A - PRICE PROPOSAL (Revised) All unit prices are to remain firm for the entire three-year contract term. One contract will be awarded to the responsible and responsive bidder offering the lowest grand total in each category of service. In the event of a discrepancy between the unit price and the annual cost, the unit price shall govern. Contract Period: July 1. 2013 through June 30, 2016 Category 1 Service — REGULAR TRANSPORTATION A. 3 -Tier Bus Routes — 9 buses x 180 days per year UO Price per bus per day o? T. - x 9 buses x 180 days $ �7U, Per Year B. 2 -Tier Bus Routes —11 buses x 180 days per year Oa Price per bus per day 2-3 J, x 11 buses x 180 days 6: $ .2 Per Year C. Midday Kindergarten Buses — 7 buses x 180 days per year Price per bus per day eU x 7 buses x 180 days $63/ OU, o_ Per Year D. After -School Routes — 2 bus x 50 days per year d Price per bus per day Jr" 0, , x 2 buses x 50 days a, $ �j �, Per Year E. Shuttle Buses —1 bus x 50 days per year Price per bus per day J0. x 1 bus x 50 days $ per Year Total Per Year Cost for Category 1 Service $ �, Sqo, e Category 2 Service — FIELD TRIPS AND ATHLETIC EVENTS Estimated Need for Athletic Events and Out -of -Town Field Trips: buses for 620 out -of town field trips or athletic event trips. Three (3) hour minimum charge, usually after school hours to and from destinations outside the Town of North Andover, averaging 60 miles round trip and vehicle usually remains with students. G+0 60 1 Price per 3 hours ��CJC, ' x 620 trips $ 10Zl 306 Per year 4 p0 Q oc Price per additional 10 minutes 10, x 300 trips $ ✓Q�, Per Year Estimated Need for In -Town Field Trips — buses for 35 in -town field trips. One-half (%2) hour minimum charge to and from destinations within Town of North Andover. These field trips average 5 miles of travel, usually during school hours, but not within the regular transportation period. Price per %Z hour �, x 35 trips $ 7J�� per Year * � a%1 dv Price per additional 10 minutes x 35 trips $ j Per year Total Per Year Cost for Category 2 Service $ 1 V 7� 2 Z� , Category 3 Service — SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year C tX� L c Price per bus per day 2z6 x 4 buses x 180 days $ 2 per year B. 1 bus (3 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per days x 1 bus x 180 days $ 7f1 Per Year C. 2 buses (minimum 20 passengers) x 180 days per year ^0 Price per bus per day 2.25, x 2 buses x 180 days $ �� �� Per Year D. 2 vans (minimum 7 passengers) x 180 days per year 0o a4 Price per van per day x 2 vans x 180 days $ Per Year �% Total Per Year Cost for Category 3 Service $/ Purchase Order No. 140354 Administrative Office 1600 Osgood Street, Suite 3058 North Andover MA 018454063 P.O. [We: 07/16/2013 Questions ? Ext: Account: P.O. Issued To: Ship To: NRT BUS, INC. North Andover Public Schools 55 Hampshire Road Attn: Pamela Zengilowski Methuen MA 01844 Central Office 1600 Osgood Street Suite 3059 Contact: Location: Transportation North Andover MA 01845-1b63 Phone: (978) 681-4100 Fax: (978) 681-8225 Project: Undesignated (978) 794-1503 Req# 140477 Reference: Date Required: 07131!2013 Award Number Line Qty Unit Pait# Description Account Number Unit Price e ax retg 1 1 EA Per the attached contract 1001001.2.3.0001.0240.2.531600.3300.0001.04.07 59,150.00 59,150.00 0.00 0.00 rate sheet, provide 7 regular education school buses to transport MIDDAY IONDEROARTEN students from September, 2013 through June, 2014. Monthly billing is to be made on the 15th of each month and paid in 10 equal payments - September thru June. Sub -Total: 59,150.00 APPROVAL SIGNATURES: Freight: Tax- Total Amount: 1 NOTES: Tuesday, July 16, 2013 Order Via: Mail ENTITY COPY Page 1 of 1 Purchase Order No. 140355 Administrative Office P.O. Date: 07/16/2013 P.O. Issued To: NRT BUS, INC. 55 Hampshire Road Methuen MA 01844 Contact: Phone: (978) 681-4100 Reference: 1600 Osgood Street, Suite 3069 North Andover MA 018454063 Questions ? Location: Transportation Fax: (978) 681-8225 Project: Undesignated Ext: Account: Ship To: North Andover Public Schools Attn: Pamela Zengilowski Central Office 1600 Osgood Street Suite 3059 North Andover MA 01845-1063 (978) 794-1503 Req# 140479 Date Required: 07/31/2013 Award Number: line Oty Unit Part#escrtption Account Number nit Price Extended Tax retg 1 1 EA In accordance with the 1001001.2.3.0001.0240.2.831600.3300.0001.04.07 702,540.00 702,540.00 0.00 0.00 attached contract rate sheet, provide student transportation for the 2013-2014 school year. 0j, A� Monthly billing is to be (1� provided In 10 equal invoices begining on the 15th day of September, 2013 and ending on the 15th day of June, 2014. 2 1 EA Part B: Revolting Funds (5 20320162.3.0001.0240.2.531600.3300.0020.04.07 211,500.00 211,500.00 0.00 0.00 buses) Sub -Total: 914,040.00 APPROVAL SIGNATURES: Freight: Tax: 6,00 Total Amount: 00 NOTES: Tuesday, July 16, 2013 Order Via: Mail ENTITY COPY Page 1 of 1 Purchase Order No. 140356 Administrative Office 1600 Osgood Street, Suite 3059 North Andover MA 016454063 P.O. Data: 07/16/2013 Questions ? Ext: Account: P.O. Issued To: NRT BUS, INC. 55 Hampshire Road Methuen MA 01844 Ship To: North Andover Public Schools Attn: Pamela Zengilowski Central Office 1600 Osgood Street Suite 3059 Contact: Location., Transportation North Andover MA 01845-1063 Phone: (978) 681-4100 Fax (978) 681-8225 Project: Undesignated (978) 794-1503 Req# 140480 Reference: Date Required: 07131/2013 Award Number: Line aty unit Part# Dewiptlo'n Account Number Unit Price Exlendea Tax Freight 1 1 EA Miscellaneous Services: Per 10010012.3.0001.0240.2.531600.3300.0001.04.07 8,700.00 8,700.00 0.00 0.00 the attached contract rale sheet, provide shuffle buses as required. Includes teacherodemation and Move Up Day. Sub -Total: 8,700.00 APPROVAL SIGNATURES: Freight: 0 .00 Tax: Total Amount: NOTES: Tuesday, July 16, 2013 Order Via: Mail ENTITY COPY Page 1 of 1 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02 1 1 0-1 727 CAROL HAJJAR WGRAVEY OF COUNSEL e-mail chm@uf-law.com May 21, 2013 James Mealey, Business Manager North Andover Public Schools 1600 Osgood Landing North Andover, MA 01845 RE: TRANSPORTATION CONTRACT NRT Bus, INC. Dear Jim: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed is the above -referenced contract, which has been approved as to form. As we discussed, because the Invitation for Bids contemplates renewals for an additional two years beyond the initial three year term of the contract, this contract should be approved by the School Committee before the Superintendent signs it. Please let me know if you have any questions or there is anything else that you need. Very truly yours, Carol Hajjar McGravey CHM/kmp Enclosure s:\wp51\work\n•andove\corresp\mealey.Itt -contract.docx Committee agreed that only the agreed upon indicators would be included in the evaluation. If members have feedback on other indicators they should provide the feedback directly to Superintendent Hutchinson. The Committee discussed the possibility of including a survey for next year's evaluation. It was the consensus of the Committee that individual evaluations would be provided to the Chair by June 17 so the Chair can put together the summary evaluation. Dr. Blumer discussed the new evaluation process. He stated that it is a complicated process and districts throughout the state are learning as they go through the process for the first time. He suggested that a subcommittee meet with the Superintendent early in the year to come up with specific goals along with suggested evidence and discuss how the goals will impact the SDIP and how the SDIP fits into the district priorities. He also recommended that the subcommittee comeback to the full Committee with recommended indicators and elements to focus on for next year. He cautioned the Committee about opening up the evaluation to allow comments from any member of the community on any issue as that can distort the process. He said surveys could play a role in the process and suggested that as one piece of goal evidence, Dr. Hutchinson could do a survey to receive feedback on a specific goal next year. FY14 Drama Fee The Committee reviewed the previous vote for student drama fees for the FY13 school year and discussed whether they should implement a fee for FY14. The Committee agreed to continue discussion regarding the FY14 drama fee at the next meeting. The Committee asked that it be publicized that they would be discussing a proposed drama fee at the next meeting. Mr. McDevitt agreed to reach out to members of the drama fee subcommittee. Interest Based Bargaining The Committee discussed the day long workshop held regarding interest based bargaining. It was stated that if the Committee agreed to participate in interest based bargaining they could opt out at any time. After additional discussion, the Committee agreed to add participation in interest based bargaining to the June 20 meeting agenda. Transportation Contract Mr. Mealey stated that any contract over three years needs to be approved by the School Committee and although the bus contract is for three years, there are two one year options that could be exercised at the district's request. He stated that legally the Committee needs to approve the extension to a possible five year contract. Mr. McDevitt moved to suspend the rules to approve the transportation contract on a first reading. Mr. Gross seconded the motion. The vote was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. Mr. Limpert moved to approve the two one year extensions of the transportation contract. Mr. McDevitt seconded the motion. Mr. Mealey clarified that this vote does not indicate that we will be exercising the options, it just allows the Committee to approve the options if recommended. Mr. Mealey also stated that the public will notice new types of busses. Parents will be notified that a new company will be operating the routes but many of the same drivers will be employed by the new company. The vote was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. Other Reports Chair Burzlaff updated the Committee regarding information from the Health Advisory Committee including the Youth Risk Behavior Survey and social media policy. She asked members to let her know if they are interested in serving on the Health Advisory Committee. Mr. Limpert updated the Committee on the status of the bids forthe Kittredge gymnasium. He stated that all bids came inconsiderably higher than the budget. Mr. Mealey and the architect are reevaluating why that happened and what if anything can be done about it. He stated that there is a meeting next Monday to discuss the next steps. As part of the contract and at no additional cost, the architect will continue to work with the district to resolve the problem. Public Comment There was no public comment School Committee Comment Mr. Gross stated that tomorrow is graduation and the weather is expected to be bad; he asked the community to be patient when driving and parking at the high school. Executive Session At 9:05 p.m. Mr. Gross moved to enter executive session for Reason 3 strategy session for negotiation with nurses union not to return to open session. Mr. i_impert seconded the motion. The vote was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. Documents used at meeting: Agenda Coversheet Consent Agenda — draft minutes, donation letter, meeting dates Coversheet Wellness Policy Coversheet School Physician Coversheet Student Handbooks Coversheet FY13 Status Report Coversheet SC Legislative Liaison and Policy BJ Coversheet Superintendent Evaluation and self-evaluation Coversheet overnight fieldtrips and back up information Coversheet FY14 Drama Fee Coversheet I BB Coversheet Transportation Contract and draft contract Powerpoint re: VARN and M.A.Q. Approved 6/26/13 4 North Andover School Committee Date: June 6, 2013 Location: Town Hall Present: Members Burzlaff, Gross, Limpert, McDevitt and Warren. Also present Superintendent Hutchinson, Assistant Superintendent Gilligan and Chief Operations Officer Mealey Call to Order At 7:00 p.m. Chair Burzlaff called the meeting to order. Public Comment There was no public comment. Recognition The Committee recognized NAHS students for academic achievements. Dr. Scuzzarella announced that NAHS graduation will be held indoors tomorrow due to the weather. Consent Agenda Mr. Limpert moved to approve the minutes of May 16, 2013. Ms. Warren seconded the motion. Mr. Gross asked to amend the minutes under Health Report to include the request that when final health report is available it will be forwarded to the Committee along with information regarding trends. The vote on the motion as amended was 5-0. Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. Donation Mr. Peskoe spoke about his donation to fund a summer technology intern for 3 summers. Mr. Limpert moved to accept the donation from the Peskoe family as presented. Mr. Gross seconded the motion. The vote was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. The Committee thanked Mr. Peskoe for his generous donation. Mr. Limpert agreed to serve on the selection committee for the donation. 1St Reading NAHS Foreign Exchange Trips The Committee did a first reading of the proposed NAHS foreign exchange trips for the 2013-2014 school year. Chair Report Chair Burzlaff thanked the high school staff and PICC for the wonderful job they did for the Class of 2013 for Awards Day and Scholarship Knight. Chair Burzlaff notified the Committee that the Board of Selectmen are meeting on Monday evening and remote participation is on the agenda for discussion. Mr. Gross stated that he is unavailable to attend the meeting but will provide written comment regarding the need for remote participation. Chair Burzlaff stated that she will try to attend the BOS meeting to read the comments but may be late. Mr. McDevitt will attend and read Mr. Gross' comments if Chair Burzlaff is not available. The Committee reviewed the proposed meeting scheduled for next year. They agreed to change the August 29 meeting to Wednesday, August 21. Superintendent's Report Dr. Hutchinson discussed assessment data. Mr. Gilligan gave a presentation using mock data. He discussed his recent presentation Visual Analytic Resource Design (YARN) for Educators - M.A.D. Math Assessment Data about Planning and Intervention. He also discussed the course that members of the district took at SEEM regarding VARN. The Committee discussed how this data could be used to help students who may be struggling but also how it could be used to accelerate learning for students who are excelling. Mr. Mealey gave a summary of donations for FY13. In response to a question from the Committee, Mr. Mealey agreed to provide additional information regarding all donations rather than just cash. 2nd Reading Wellness Policy Chair Burzlaff stated that the Wellness Committee is not recommending any revisions to the wellness policy for the 2013-2014 school year. 2nd Reading Appointment of School Physician Consultant Mr. Gross moved to appoint Dr. Chan to serve as the school physician consultant for FY14 at a cost of $6,300. Ms. Warren seconded the motion. In response to a request from the Committee, Superintendent Hutchinson stated that Nursing Director Barczak will provide information on the services provided by Dr. Chan. The vote was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. 2nd Reading Student Handbooks Mr. Limpert moved to approve the administrative core of 2013-2014 student handbooks as presented. Mr. McDevitt seconded the motion. The Committee discussed what parts of the handbook are considered the administrative core. The vote on the motion was 5-0 Ms. Burzlaff, Mr. Gross, Mr. Limpert, Mr. McDevitt and Ms. Warren. FY13 Budget Status Report Mr. Mealey stated that the projected balance for year end is $41. He stated that as a cost saving measure principals have been told not to get substitutes for non-essential employees through the end of the year. In response to questions from the Committee, Mr. Mealey stated that there is not a definitive date yet when the state budget will be finalized and information regarding district turnover savings will not be available until the end of the summer. School Committee Legislative Liaison Chair Burzlaff stated that Mr. McDevitt has volunteered to serve as the liaison. Superintendent Evaluation Dr. Hutchinson reviewed his self-evaluation with the Committee. The Committee and Superintendent Hutchinson discussed the process for the School Committee's evaluation of the Superintendent. The OP ID: AN CERTIFICATE OF LIABILITY INSURANCE OA711/27DIYYYY) 111!27113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in (feu of such endorsement(s). PRODUCER 781-642-9000 Eastern States Insurance Agency, Inc, 781-647-3670 50 Prospect Street Waltham, MA 02453 CONTNAMEACT PNCN o NC No: -ADDRESS: PRODUCER NORTH -8 -CUSTOMER ID N* INSURER AFFORDING COVERAGE MAIC 0 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR INSURED NRT Bus, Inc. dba North Reading Transportation 55 Hampshire Road Methuen, MA 01844 INSURER A: Travelers Insurance Co 25674 INSURERS: North American Capacity ins Co 25038 INSURER C:Graphic Arts Mutual INSURER D: Mt. Hawley Insurance Company 37974 INSURER E: School Transportation Assoc I occurrence) $ 100,000 NSURER F PERSONAL & ADV INJURY $ 1,000,00 COVERAGES CERTIFICATE NIIMBFR- DMACI 1r nu rasece. — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL JIM SUORPOLICY WVDPOLICY NUMBER EFF /-L POLICY EXP IMMfoplyYyy)LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR CPP3857637 12/01/13 12101/14 EACH OCCURRENCE $ 1,000,000 I occurrence) $ 100,000 MED EXP (Anyone person) $ 6,000 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY JF PRODUCTS-COMPIOP AGO $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANYAUTO X CAP -9A649581 -BUSES 12101/13 12/01/14 COMBINED SINGLE LIMIT $ 31000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS $ NON -OWNED AUTOS A X1 DED$2000 CAP -213173038- VANS 12/01/13 12101/14 $ 1,600,00 B X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS•MADE EL -X-0000049.00 12/01/13 12/01114 EACH OCCURRENCE $ 3,600,000 AGGREGATE $ 3,600,000 DEDUCTIBLE Over 1.5 Auto $ RETENTION $ WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBERIEARTNERE ECUTIVE Ya (Mandatory In NH) If yyes• describe under DARIPTIONOFOPERATIONSbetow N/A C-13-5003012 01/01/13 01101/14 WC STATU- OTH- E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,00 E.L. DISEASE-POLICYLIMrr $ 1,000,000 D Exc. GL 1st Layer MXL0414346 12/01/13 12101/14Agg 1st 10,000,000 F Exc, GL 2nd Layer EX000011724 12/01/13 1 12/01/14 JAgg 2nd 4,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space Is required) North Andover Public Schools is included as additional !insured with regards to Auto Liability policies where required by written contract or agreement. , NAPUBLI North Andover Public Schools 1600 Osgood Street, Ste 3059 North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD