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HomeMy WebLinkAboutContract #: 1052 - From: 07-01-2018 To: 06-30-2021 - NRT Bus Inc - North Andover School DepartmentNORTH ANDOVER SCHOOL DEPARTMENT CONTRACT (GOODS / SERVICES) CONTRACT#ti DATE: O/- / 7-d O/8 This Contract is entered into on, or as of, this date by and between the North Andover School Department (the "School"), and Contractor: Address: Telephone Number: Fax Number: Email Address: NRT Bus, Inc 230 Main Street North Reading MA 01864 978-664-1277 978-664-8456 John@NRTBus.com 1. This is a Contract for the procurement of the following: Student transportation services for the students of North Andover for the period of July 1, 2018 through June 30, 2021 (with two additional option years solely as the discretion of the School Department) in accordance with the Invitation for Bids dated November 13, 2017. 2. The Contract price to be paid to the Contractor by the North Andover School Department is: Per the attached price list 3. Payment will be made as follows: Upon submission and approval of monthly invoices (net 30) (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 1 School, 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. The School may immediately terminate or suspend this Agreement without liability on the part of the School for damages, penalties or other charges in the event the appropriation funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement. 7. Permits and Approvals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default 8.1 Without Cause. The School may terminate this Contract at its sole discretion 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 (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 3 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 Federal Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the 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, and its duly appointed agents against any claim or liability arising from or based on any violation whether by it 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 c268A), 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. c268A 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 c62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Affirmative Action; Non -Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c151B (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. (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 5 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. 18. Workers Compensation Insurance The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and the Contractor shall indemnify the School for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the School evidence of such insurance prior to the execution of this Contract in a form satisfactory to the School before the same shall be binding on the parties thereto, except if specifically waived by the School. 18.1 The Contractor further understands and agrees that in rendering services to the School under this Contract that the Contractor is an independent contractor and not an employee of the School, that the Contractor is not covered by the Town's Workers' Compensation, or liability insurance, that the Contractor shall not make any claim against the School, its officers, agents and employees and that the Contractor indemnifies, holds harmless, and releases the School from any claims of the Contractor or of any other party that may arise in whole or in part out of or in connection with the work being performed by the Contractor. 19. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the School, except as otherwise required by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they relates to public documents, (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 7 consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the Contractor from any duty, obligation, responsibility or liability arising under this Contract. The School is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a parry. 24. Risk of Loss The Contractor shall bear the risk of loss for any Contractor materials used for this Contract and for all deliveries, and personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of this Contract until possession, ownership and full legal title to the deliverables are transferred to and accepted by the School. 25. 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 c151, §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 c149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The Contractor will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the School with the information described in General Laws 649, §2713. 26. 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. 27. Payme 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. 28. Waiver and Amendment 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 Contract, prior to the effective date of the amendment. (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 9 all laws of the Commonwealth relating to contributions and payments in lieu of contributions. 33.2 By signing this contract, the Contractor certifies under the penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person. As such in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, client or other organization, entity or group of individuals. 33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified to perform this Contract, that performance shall be timely and meet or exceed industry standards for the performance required, including obtaining requisite licenses, registrations, permits, resources for performance, and sufficient professional, liability, and other appropriate insurance to cover the performance. If the Contractor is a corporation, the Contractor certifies that it is in good standing with the office of the Secretary of State. If the Contractor is a foreign business, the Contractor certifies that it is listed under the Secretary of State's website as licensed to do business in Massachusetts, as required by law. 33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract, in addition to meeting the terms of the Contract, will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. 33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30, §39R, M.G.L. c149, §27C, M.G.L. 649, §44C, M.G.L. c149, §148B and M.G.L. c152, §25C. 34. Additional Provisions: 34.1 Applicable to Contracts for the Procurement of Goods 34.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 34.1.2 Change Orders: Change orders for contracts subject to M.G.L. c30B may not increase the total contract price by more than twenty-five (25.0%) percent and shall be in compliance with Massachusetts General Laws c30B, § 13. (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 11 Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the School from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 34.2.4.3 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 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 Contract. 34.2.4.4 The School 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. 34.2.4.5 Contractual liability must recognize the indemnities contained in this Agreement. 34.2.4.6 Coverages are to be maintained for a period of two (2) years after final payment. 34.2.4.7 The Contractor shall maintain all required insurance in full force and effect as required by this Contract or the Contractor shall be in material breach hereof. (Rev 1-2016) Contract by and between North Andover School Department and NRT Bus Page 13 f NRT Bus, Inc. Year 1: July 1, 2018 through June 30, 2019 Category 1 Service — REGULAR TRANSPORTATION A. 3 -Tier Bus Routes $333.00 per bus per day B. 2 -Tier Bus Routes C. After -School Routes D. Shuttle Buses $315.00 per bus per day $110.00 per bus per day $ 95.00 per bus per day Category 2 Service — FIELD TRIPS AND ATHLETIC EVENTS A. Out -of -Town $ 3.00 per mile $45.00 per hour waiting time B. In -Town $15.00 per mile Category 3 Service — SPECIAL EDUCATION A. Bus w/2 wheelchairs & minimum 10 passengers $357.00 per bus per day B. Bus w/5 wheelchairs & minimum 10 passengers) $357.00 per bus per day C. Bus w/minimum 20 passengers $357.00 per bus per day D. Vans (minimum 7 passengers) $239.00 per bus per day Year 2: July 1, 2019 through June 30, 2020 Category 1 Service — REGULAR TRANSPORTATION E. 3 -Tier Bus Routes $343.00 per bus per day F. 2 -Tier Bus Routes G. After -School Routes $325.00 per bus per day $120.00 per bus per day K. Bus w/minimum 20 passengers $357.00 per bus per day L. Vans (minimum 7 passengers) $245.00 per bus per day Year 4 (option vear 11: July 1. 2021 throuLyh June 30. 2022 Cateizory I Service — REGULAR TRANSPORTATION M. 3 -Tier Bus Routes $363.00 per bus per day N. 2 -Tier Bus Routes $345.00 per bus per day O. After -School Routes $130.00 per bus per day P. Shuttle Buses $110.00 per bus per day Category 2 Service — FIELD TRIPS AND ATHLETIC EVENTS G. Out -of -Town $ 3.30 per mile $48.00 per hour waiting time H. In -Town $18.00 per mile Category 3 Service — SPECIAL EDUCATION M. Bus w/2 wheelchairs & minimum 10 passengers $367.00 per bus per day N. Bus w/5 wheelchairs & minimum 10 passengers) $367.00 per bus per day O. Bus w/minimum 20 passengers $367.00 per bus per day P. Vans (minimum 7 passengers) $250.00 per bus per day Year 5of ption year 2): July 1. 2022 through June 30, 2023 Category 1 Service — REGULAR TRANSPORTATION Q. 3 -Tier Bus Routes $373.00 per bus per day R. 2 -Tier Bus Routes $355.00 per bus per day CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Nk"T 6US �C._� held on ?qpn % // it was VOTED, THAT �0hn pr -e s/ C- .e i�- (Name) (Officer) of %1i& �-- � be and hereby is authorized to execute contracts and bonds in the name and on behalf of said am /L)P_/gt7- , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of I50Ar? 126 a rte` on its behalf by such officer under seal of'e-Y/ C?c' /� , shall be valid and finding upon Sohn h%Cad I hereby certify that I am the clerk of the above named /0%0-7 and that ' is the duly elected officer as above of said 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) Town of North Andover School Department IFB Page 42 of 43 Student Transportation Services 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. n Signature u M C 017; C �Gry Uj Print Name & Title Date /,,' -� 11U,427 U,42 674Si(-i'4C Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for 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. u ri gnature r^ Date �+ Town of North Andover School Department IFB Page 41 of 43 Student Transportation Services r, u OP ID: KT ACORL7" CERTIFICATE OF LIABILITY INSURANCEDATE(MMDDIYYYY) 01/1012018 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(ies) 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 lieu of such endorsement(s). PRODUCER Eastern States insurance Agency, Inc. 50 Prospect Street Waltham, MA 02453 CONTACT NAME: PHONE FAX AIC No): A/c No Ext): (AIC, AAIL DDRESS: PRODUCER CUSTOMER ID #: NORTH -8 INSURER(S) AFFORDING COVERAGE NAIC # INSURED NRT Bus, Inc. INSURER A: Pilgrim Insurance Company 21750 55 Hampshire Road Methuen, MA 01844 INSURER B: Lexington Insurance Company 19437 INSURER C: Graphic Arts Mutual 25984 INSURER D: Mt. Hawley Insurance Company 37974 X COMMERCIAL GENERAL LIABILITY INSURER E: School Transportation Assoc INSURER F: - rnvcoer-Fc rFRTIFtreTF FJIIMRFR• REVISION NUMBER: 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 DDL ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER MBR M DD/YYYY LICY EFF MM DDIYYYY CY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 pREMISEs Ea occurren,ej $ 100,000 C X COMMERCIAL GENERAL LIABILITY X CPP3857637 12/01/2017 12/01/2016 MED EXP (Any one person) $ 5,000 CLAIMS -MADE a OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY PRO- LOC A AUTOMOBILE X LIABILITY ANY AUTO X CSC00001004111 BUSES 12101/2017 12/01/2018 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (PER ACCIDENT) Comp/Coll $ 3,00 NON -OWNED AUTOS $ 1,500,00 A X CSC00001004211 VANS 12101/2017 12/01/2018 UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 3,500,000 AGGREGATE $ 3,500,000 B X EXCESS LIAB CLAIMS -MADE TBD 12/0112017 12/0112018 Over ver 1.5 $ Auto $ RETENTION $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED' [7N (Mandatory In NH) N / A WC -13-5003012 NRT BUS INC 01/01/2018 01101/2019 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT Is 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 Ifs describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,000 D Exc. GL MXL0424238 12/0112017 12/01/2018 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) North Andover Public Schools is included as additional insured with regards to General Liability where required by written contract or agreement. North Andover Public Sdhools is included As an additional insured in regards to the Auto Liability arising out of use of a covered auto. CERTIFICATE HOLDER CANCELLATION NAPUBLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE North Andover Public Schools THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 566 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NORTH ANDOVER PUBLIC SCHOOLS 566 Main Street North Andover, MA 01845 Phone: (978) 794-1503 FAX: (978) 794-0231 December 19, 2017 Mr. John McCarthy, President NRT Bus, Inc. 230 Main Street N. Reading, MA 01864 Mr. McCarthy: The Town of North Andover, through the North Andover School Department, has awarded the Student Transportation Services contract to NRT Bus, Inc. to provide student transportation services for North Andover School District students for the period of July 1, 2018 through June 30, 2021, with the option of two additional one-year renewals, solely at the discretion of the School Department in accordance with the Invitation for Bids issued on November 19, 2018. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as "additional insured" and all signatures are original. If you have any questions and/or concerns, please call me. Enclosures Sincerely, "11� 2_7__r� James Mealey Assistant Superintendent for Finance and Operations The mission of North Andover Public Schools is to cultivate a respectful community of engaged learners, insightful thinkers, and effective communicators.