Loading...
HomeMy WebLinkAboutContract #: 017444 - From: To: - Exception - North Andover School Department'J TOWN OF NORTH ANDOVER INVITATION FOR BIDS STUDENT DRIVER EDUCATION SERVICES December 19, 2011 Contact Jim Mealey School Business Manager Address 1600 Osgood Street North Andover, MA 01845 Telephone Number: 978-794-1503 Fax Number: 978-794-0231 Email mailto:mealeyj@northandoverkl2.ma.us Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposed Modifications .............. 4 4. Minimum Requirements ............................................. 5 5. Scope of Services ..................................................... 5 6. Estimated Quantities ................................................ 6 7. Evaluation of Bids ................................................... 6 8. Term of Contract ..................................................... 7 Appendix A — Price Proposal ......................................... 8 Standard North Andover School Department Contract With Supplement "S .. .............................................. 9 Certifications............................................................21 Town of North Andover School Department IFB Page 2 of 22 Student Driver Education Services 1. Introduction The North Andover School Department (`School') is soliciting bids from qualified companies to furnish Driver Education Services to North Andover School District students. Qualified companies are requested to submit bids to the School Business Manager at 1600 Osgood Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The School is seeking to award a one-year contract for the period of February 1, 2012 through January 31, 2013 with two (2) additional one-year renewals, solely at the discretion of the School. The School will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Notice of this IFB is published in the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of the. Commonwealth, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townof iorthandover.com) under "Available Bids, Quotes and Proposals". The School will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, January 12, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Jim Mealey, School Business Manager 1600 Osgood Street Suite 20/3-59 North Andover, MA 01845 The North Andover School Department may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the North Andover School Department. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Student Driver Education Services" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The North Andover School Department, through the School Superintendent, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the North Andover School Department's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each Town of North Andover School Department IFB Page 3 of 22 Student Driver Education Services general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the School Business Manager's office by Thursday, January 12, 2012 at 2:00 p.m. All outer envelopes must be labeled "Student Driver Education Services" and mailed or hand delivered to the following address: Mr. Jim Mealey, School Business Manager 1600 Osgood Street Suite 20/3-59 North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover School Department is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Jim Mealey, School Business Manager, 1600 Osgood Street, Suite 20/3-59, North Andover, MA 01845, or they may be emailed to Mr. Mealey-at mealeyj@northandover.kl2.ma.us. All questions/inquiries must be received by 4:30 p.m. on Tuesday, January 3, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and Proposals" by Thursday, January 5, 2012 at 2:00 p.m. If any changes are made to this IFB, an addenda will be posted on the Town's website in "Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the School. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The School accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Town of North Andover School Department IFB Page 4 of 22 Student Driver Education Services Bidders are not to communicate directly with any employee of the North Andover School Department, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the North Andover School Department. 4. Minimum Requirements Each bidder must demonstrate that it meets the following minimum requirements: A. Company must demonstrate a minimum of seven (7) years experience providing student driver education services. B. Company office must be located within ten (10) miles from North Andover High School, 430 Osgood Street, as determined utilizing MapQuest (in the event student needs to attend make-up class). C. Company vehicles must hold a current Massachusetts registration and have an updated and valid inspection sticker. Vehicles must be no older than five (5) years of age and have no more than 80,000 miles on the odometer. Company shall submit a detailed list of all vehicles to be used in the program including year, make, model, and actual mileage. D. All instructors, both classroom and driving portions, shall be required to submit a Criminal Offender Records Information (CORI) application and pass CORI review. E. Company shall submit a complete list of all contracts performed in the past three (3) years with contact names and telephone numbers. F. Unit prices quoted shall remain firm for the specific period of the contract. G. Submission of required statements and forms. 5. Scope of Services A. Company will provide four (4) driver education course sessions per year (winter, spring, summer, and fall) with each session able to accommodate a minimum of fifty (50) students. Town of North Andover School Department IFB Page 5 of 22 Student Driver Education Services B. Driver education course will be offered to North Andover School District students 15 years 9 months of age or older. C. The course shall meet the driver education program as designed by the Registry of Motor Vehicles, including: a. Thirty (30) hours of classroom instruction (at the high school) b. Twelve (12) hours of behind the wheel training c. Six (6) hours of observing another student's lesson d. A 2 -hour parent class (at the high school) D. Company will allow missed classes to be made up in any future lesson. E. For driving lessons, instructor will pick up students at either the students' homes or at the high school and return them to either home or school. F. The Community Programs Office of the School Department will be responsible for the distribution and collection of all registration materials and fees. Registration information (including student's name, address and contact number) will be forwarded to the company prior to the beginning of scheduled session. G. The Community Programs Office will be responsible for securing classroom space at the high school for each scheduled session. 6. Estimated Quantities For bid purposes only, it is estimated that a total of 200 students (50 per session) will participate in the driver education sessions. The School will not be obligated to commit to any specific number of students during the period of the contract. 7. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the unit price for each registration offered by each responsive and responsible bidder will be taken into account for the first year solely of the proposed contract. The School is required to award the contract to the lowest responsive and responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All services that are the subject of the bid must meet the minimum standards and scope of services set forth including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. Town of North Andover School Department IFB Page 6 of 22 Student Driver Education Services ■ Responsibility Bidders must demonstrate that they meet measures of responsibility. The School will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined. The School may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The North Andover School Department will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the North Andover School Department will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The North Andover School Department is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 8. Term of Contract The North Andover School Department is seeking to award a one-year contract with two (2) additional one-year renewals, solely at the discretion of the School. The School will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Town of North Andover School Department IFB Page 7 of 22 Student Driver Education Services APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest registration price for the first year of the proposed contract. All prices are to remain firm for the duration of the Contract. Year 1- February 1, 2012 through January 31, 2013 Registration fee per student $ Year 2 - February 1, 2013 through January 31, 2014 Registration fee per student $ Year 3 - February 1, 2014 through January 31, 2015 Registration fee per student $ Addenda Business Name Business Address Business Phone are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover School Department IFB Page 8 of 22 Student Driver Education Services NORTH ANDOVER SCHOOL DEPARTMENT CONTRACT DATE: 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: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the North Andover School Department is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the 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. Town of North Andover School Department IFB Page 9 of 22 Student Driver Education Services 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, 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 , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the 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. Town of North Andover School Department IFB Page 10 of 22 Student Driver Education Services 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 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: Town of North Andover School Department IFB Page 11 of 22 Student Driver Education Services 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, 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 Town of North Andover School Department IFB Page 12 of 22 Student Driver Education Services 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 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 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: 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 Against 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: Town of North Andover School Department IFB Page 13 of 22 Student Driver Education Services 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 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. Town of North Andover School Department IFB Page 14 of 22 Student Driver Education Services 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. 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. Payment Town of North Andover School Department IFB Page 15 of 22 Student Driver Education Services 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 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 School Superintendent, 1600 Osgood, 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: Town of North Andover School Department IFB Page 16 of 22 Student Driver Education Services 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: 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 30B) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover School Department IFB Page 17 of 22 Student Driver Education Services 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 Division/Department Head Contract Manager School Superintendent APPROVED AS TO FORM: Town Counsel Date Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover School Department IFB Student Driver Education Services Date Date Page 18 of 22 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the North Andover School Department, and , 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. 3. 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 seg. (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. 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 and $3 Million aggregate, 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 Town of North Andover School Department IFB Page 19 of 22 Student Driver Education Services 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: NORTH ANDOVER SCHOOL DEPT Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Town Accountant Date: School Superintendent Department/Division Head THE CONTRACTOR: Town of North Andover School Department IFB Page 20 of 22 Student Driver Education 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. Signature. Print Name & Title Date 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. Signature Town of North Andover School Department IFB Student Driver Education Services Date Page 21 of 22 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED,THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and 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 22 of 22 Student Driver Education Services SPR Goods and Services Submit Confirmation .State Publications and Regulations W*11l am Francis Galvin' Secretary of the Commonwealth Page 1 of 2 The following Goods and Services submission was successfully received. Planned date of publish is 12/19/2011 Awarding Agency Agency Name North Andover School Department 1600 Osgood and Address: Street North Andover, MA 01845 Bid Number: Contact Information Name: 1jim Mealey Title: School Business Manager Phone: 4-1503 Fax 978-794-0231 ==4�'7� Email Address: mealgyj(iDnorthandover.kl2.ma.us Notify email address listed when final publish date assigned. Address: (if different from above) Description North Andover School Department is soliciting bids from qualified companies to provide driver education services to North Andover School District students Contract Information Estimated Rate F —IF Duration IF Bid Release 12/19/2011 Release 11:00 a.m. Date Time Bid Deadline 01/12/2012 Deadline 2:00 p.m. Date Time Additional The complete Invitation for Bids document will be available at Information www.townofnorthandover.com by clicking on 'Available Bids, Quotes and Proposals' This page can be printed for your records. http://www. sec. state. ma.us/sprpubl icforms/GS SubmitConfi rmation. asl)x?ID=51023 12/14/2011 TOWN OF NORTH ANDOVER INVITATION FOR BIDS PURCHASE OF STUDENT DRIVER EDUCATION SERVICES December 15, 2011 Contact Jim Mealey School Business Manager Address 1600 Osgood Street North Andover, MA 01845 Telephone Number: 978-794-1503 Fax Number: 978-794-0231 Email mailto:mealeyj@northandoverkl2.ma.us Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposed Modifications .............. 4 4. Specifications......................................................... 5 5. Estimated Quantities ................................................ 6 6. Evaluation of Bids ................................................... 6 7. Term of Contract ..................................................... 7 Appendix A — Price Proposal ......................................... 9 Standard Town of North Andover Contract With Supplement "S" .............................................. 11 Certifications............................................................22 Town of North Andover School Department IFB Page 2 of 22 Purchase of Student Driver Education Services 1. Introduction The Town of North Andover's School Department (`Town') is soliciting bids from qualified companies to furnish Driver Education services to North Andover School District students. Qualified companies are requested to submit bids to the School Business Manager at 1600 Osgood Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The Town is seeking to award a three-year contract for the period of January 15, 2012 through January 14, 2015. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Notice of this IFB is published in the Central Register, which is a weekly publication of the Office of the Secretary of the Commonwealth, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Available Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Monday, January 9, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Jim Mealey, School Business Manager 1600 Osgood Street Suite 20/3-59 North Andover, MA 01845 The Town of North Andover may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Purchase of Student Driver Education Services" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each Town of North Andover School Department IFB Page 3 of 22 Purchase of Student Driver Education Services general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the School Business Manager's office by Monday, January 9, 2012 at 2:00 p.m. All outer envelopes must be labeled "Purchase of Student Driver Education Services" and mailed or hand delivered to the following address: Mr. Jim Mealey, School Business Manager 1600 Osgood Street Suite 20/3-59 North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Jim Mealey, School Business Manager, 1600 Osgood Street, Suite 20/3-59, North Andover, MA 01845, or they may be emailed to Mr. Mealey at mealeyj@northandover.kl2.ma.us. All questions/inquiries must be received by 4:30 p.m. on Thursday, December 29, 2011 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and Proposals" by Tuesday, January 3, 2012 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Town of North Andover School Department IFB Page 4 of 22 Purchase of Student Driver Education Services Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Specifications The following specifications are minimum acceptable standards as set by the Town of North Andover's School Department. A. Driver Education courses offered to North Andover School District students 15 years 9 months of age or older. B. Administrative payback to School District to cover administrative costs. (Minimum of 15% of Course tuition.) C. The course must meet the new State graduated licensing law. The requirements are: a. 30 hours of classroom instruction b. 12 hours of behind the wheel training c. 12 hours of observing another student's lesson d. 2 hour parent class D. Flexible Enrollment: Successful bidder will allow missed classes to be made up in any future lesson. E. Driving Lessons: Instructors will pick up students at either the students' homes or at the high school and return them to either home or school. F. Parent Class: A 2 hour parent class is required and must be provided by the successful bidder for each session. G. Successful bidder will provide 4 Driver Education Course sessions per year with each session able to accommodate a minimum of 50 students. 5. Estimated Quantities Town of North Andover School Department IFB Page 5 of 22 Purchase of Student Driver Education Services The quantities listed in Appendix A are simply estimates for bid purposes only. The Town will not be obligated to commit to any specific quantity during the period of the contract. 6. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the products delivered offered by each responsive and responsible bidder will be calculated for the first year solely of the proposed contract. The Town is required to award the contract to the lowest responsive and responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and Specifications set forth in the purchase description including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet the following measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Specifications. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 7. Term of Contract The Town of North Andover is seeking to award a three-year contract starting on the date of the award of this bid. Town of North Andover School Department IFB Page 6 of 22 Purchase of Student Driver Education Services APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the three years of the proposed contract. All prices are to remain firm for the duration of the Contract. Delivery to School Department, Suite 20/3-59, 1600 Osgood Street, North Andover, MA, 01845 The Bidder shall offer one all-inclusive annual fee that provides for: a. A fee per student for a complete Driver Education Course; b. An Administrative Payback per student to the Town of North Andover for administration of the Driver Education Program January 15, 2012 through January 14, 2015 Price Students (a)Unit Price(+) (Per Student) Year 1 50 $ Year 2 50 $ Year 3 50 $ Business Name Business Address Business Phone Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person (b)Payback(-) (Per b)Pa back - (Per Student) 0 TOTAL Total (a) -(b) Q Town of North Andover School Department IFB Page 7 of 22 Purchase of Student Driver Education Services References Provide at least five references of persons who are familiar with your firm. References will be contacted to confirm the bidder's abilities and qualifications as stated in the bidder's response. The Town may deem the bidder's response unresponsive if a reference is not obtainable from a listed reference after reasonable attempts. 1. Reference Name: Address: Description and date(s) of services provided: 2. Reference Name: Address: Description and date(s) of services provided: 3. Reference Name: Address: Description and date(s) of services provided: 4. Reference Name: Address: Description and date(s) of services provided: 5. Reference Name: Address: Description and date(s) of services provided: Contact: Phone: Contact: _ Phone: Contact: Phone: Contact: _ Phone: Contact: Phone: Town of North Andover School Department IFB Page 8 of 22 Purchase of Student Driver Education Services Santilli, Ray From: Galante, Richard Sent: Monday, December 12, 2011 1:00 PM To: Santilli, Ray Subject: RE: Community programs - Driver Education Hi Ray, *The company should be in business for a minimum of 7 years and be located within 10 miles of the high school. ,,*Vehicles must hold current Ma. registration and meet state inspection criteria ehicles must be no older than 5 years of age or have more than 100,000 * 1" 1 instructors, both classroom and driving, must complete and pass a CORI application. *The school department (Community Programs) will be responsible for the distribution and collection of all registration materials and fees. *Community Programs will secure classroom space at the high school *,Potential vendor must provide a minimum of 4 sessions per academic year (fall, winter, spring and summer) *Community Programs will distribute class rosters (including students name, address and contact number) to the potential vendor 24 hours prior to class beginning. *o4tiP al vendor will invoice Community Programs for %85 of tuition collected. **C munity Programs withholds %15 of tuition collected to cover administrative costs. Please let me know if you require any additional information. Rick Galante Director, Community Programs North Andover Public Schools From: Santilli, Ray Sent: Friday, December 09, 20113:18 PM To: Galante, Richard Subject: RE: Community programs - Driver Education Hi Rick, I am looking for more detail to include in the IFB on the driver education program. The first detail is what you would consider as minimum criteria/qualification from the company. For instance: the number of years the company has been in operations; the distance the company must be from the North Andover School Department address; the vehicles used by the company must be no more than `x' number of years old; etc. The second detail is the process the school/company will follow. For instance: the school will register the students and inform the company; what paperwork will be submitted to the company regarding each student; the time frame and how many programs per school year; etc. I'll be in the office Monday if you would like to discuss. I can be reached at 978-688-9516. Thanks Sail Santi i Assistant Town Manager Town of North Andover From: Galante, Richard Sent: Friday, December 09, 20112:16 PM To: Santilli, Ray Subject: Community programs - Driver Education Hi Ray, Jim Mealey indicated that you may need to speak with me regarding the IFB concerning driver education. My office number 978-794-3080, cell 978-994-6567 or email is always best. I look forward to hearing from you. Rick Galante Director, Community Programs North Andover Public Schools Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www,sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email.