TOWN OF NORTH ANDOVER

INVITATION FOR BIDS

STUDENT TRANSPORTATION SERVICES November 13, 2017

Contact Address

Telephone Number: Fax Number: Email

Jim Mealey Assistant Superintendent, Finance & Operations North Andover School Department 566 Main Street North Andover, MA 01845 978-794-1503 978-794-0231 [email protected]

Table of Contents 1. Introduction …………………………………………………. 3 2. Submission Deadline and Instructions ………………………. 3 3. Questions, Addendum or Proposed Modifications ………….. 4 4. Pre-Bid Briefing ………………………………….………….. 5 5. Minimum Requirements……………………………………... 5 6. Scope of Services..…………………………………………... 6 General……………………………………………... 7 Equipment………………………………………….. 9 Drivers/Monitors…………………………………… 11 Operations………………………………………….. 13 7. Prevailing Wage Rates……………………………………..... 15 8. Fuel Adjustment Clause……………………………………... 15 9. Payments, Billing, and Reports……………………………… 16 10. Criminal Offender Records Check………………………… 17 11. Estimated Quantities ……………………………………… 17 12. Evaluation of Bids ………………………………………... 17 13. Term of Contract ………………………………………….. 18 Appendix A – Price Proposal ………………………………….. 19 Standard North Andover School Department Contract..………. 27 Certifications …………………………………………………… 41 Prevailing Wage Rates..……………………………………….. 43

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1. Introduction The North Andover School Department (‘School Department’) is soliciting bids from qualified companies to furnish Student Transportation Services to North Andover School District students. Qualified companies are requested to submit bids to the Assistant Superintendent for Finance and Operations at 566 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The School Department is seeking to award a three-year contract for the period of July 1, 2018 through June 30, 2021 with two (2) additional one-year renewals, solely at the discretion of the School Department. The School Department 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), COMMBUYS (the Commonwealth of Massachusetts’ electronic market center), the Eagle-Tribune (a newspaper of general circulation) and posted on the Town website (www.northandoverma.gov) under “Bids & Proposals” The School Department will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, December 7, 2017 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Jim Mealey, Assistant Superintendent North Andover School Department 566 Main Street 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 Transportation 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

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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 Assistant Superintendent’s office by Thursday, December 7, 2017 at 2:00 p.m. All outer envelopes must be labeled “Student Transportation Services” and mailed or hand delivered to the following address: Mr. Jim Mealey, Assistant Superintendent North Andover School Department 566 Main Street 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, Assistant Superintendent, 566 Main Street, North Andover, MA 01845, or they may be emailed to Mr. Mealey at [email protected]. All questions/inquiries must be received by 4:00 p.m. on Tuesday, November 28, 2017 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 “Bids & Proposals” by Thursday, November 30, 2017 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town’s website in “Bids, & Proposals”. It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the School Department. 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 Department 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.

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Bidders are not to communicate directly with any employee of the 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.northandoverma.gov), 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. Pre-Bid Briefing A pre-bid briefing will be held on Tuesday, November 21, 2017 at 10:00 a.m. in the Meeting Room at the North Andover School Department, 566 Main Street, North Andover, MA. School Department representatives will review the requirements and scope of services included in the IFB. 5. Minimum Requirements Each bidder must demonstrate that it meets the following minimum requirements: A. Company must demonstrate a minimum of five (5) years’ experience providing student transportation services operating at least twelve 77 passenger buses for school departments. B. Company must own any and all vehicles to be used in the performance of this contract. All such vehicles must be housed within reasonable proximity to North Andover in order to ensure emergency replacement and/or service as required. C. Company shall submit a complete list of all contracts performed in the past three (3) years with contact names and telephone numbers. D. Company shall provide examples of a minimum of two (2) contracts demonstrating the company has prior experience with routing software.

E. Company vehicles must hold a current Massachusetts registration and have an updated and valid inspection sticker. Vehicles must be no older than ten (10) years of age at any time during the contract period. Company shall submit a detailed list of all vehicles to be used in the program including year, make, model, actual mileage, seating capacity, number of heaters, types of seats, and present condition. F. At least fifteen (15) calendar days prior to the start of the school year, the company shall submit, in writing, the names of all persons authorized to operate or monitor their school buses under this contract. Accompanying each name shall be the driver’s pre-qualification sheet including a completed Criminal History Board form and a photocopy of the driver’s

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current appropriate license. Only those drivers, monitors, and substitute drivers submitted to the School Department may drive buses transporting school students, except in cases of emergency, but no emergency driver/monitor shall be employed unless the company has furnished the School Department with the names of such drivers prior to the operation of a North Andover Public School bus. G. The successful bidder may not double up bus runs except in “temporary emergency” circumstances. The company is expected to operate on a daily basis the specified number of buses for the bid unless modified in writing and approved in advance by the School Department. H. Company shall furnish all labor, equipment, and vehicles required for work in accordance with the scope of services. I. Unit prices quoted shall remain firm for the initial three-year period of the contract. J. No bid shall be accepted from a company who, in the past five (5) years, has had a contract terminated for cause, has been declared in default by a School Board or School Administration, or has withdrawn a low bid for any reason. K. Submission of required statements and forms. 6. Scope of Services This contract is for furnishing of transportation services for all scheduled regular education in-district and special education in-district transportation for all designated school children attending the North Andover High School, Middle School, five (5) Elementary Schools, the Early Childhood Center, and one (1) K-8 Parochial School. It shall include the furnishing of all services, necessary and required, consisting of the following in general: transportation, equipment, maintenance of equipment, operation, supervision, inspection, registration, licensing, insurance, and conformance to all applicable law, rules, and regulations of the Commonwealth of Massachusetts, Department of Motor Vehicles, State Police, Town of North Andover, and the North Andover School Department. Transportation shall also be furnished on an as-needed basis in accordance with schedules furnished by the School Department for the purpose of transporting field trips, athletic teams, coaches and/or school bands, cheerleaders, etc., to in-town or out-of-town athletic events or other contest and events and return, in strict conformity with the specifications furnished by the School Department through its duly authorized official(s). Items pertaining to the standard transportation of regular and special education students as outlined in the accompanying specifications for regular routes shall apply to the transportation of field trips, athletic teams, coaches, school bands, etc. Alternate transportation arrangements may be made by the School Department, for other than regular education and in-district special education transportation, outside this scope of services, if circumstances warrant such action.

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A. General 1)

The contract shall be for a minimum of 180 days in each school year during the period from September 1st to June 30th (or earlier if school opens before the first day in September) for regular education transportation, and from July 1st to June 30th for special education transportation to accommodate the Extended School Year Program. The days and hours on which transportation shall be furnished shall be as designated and required by the School Department.

2)

The Contractor shall designate, by name and position, a specific staff member who shall be assigned on a daily basis to coordinate transportation arrangements under the contract and to carry out instructions, as necessary, from the School Department.

3)

School Locations North Andover High School North Andover Middle School Atkinson Elementary Franklin Elementary Kittredge Elementary Thomson Elementary Sargent Elementary Early Childhood Center St. Michael’s School

430 Osgood Street 495 Main Street 111 Phillips Brooks Road 2 Cypress Terrace 601 Main Street 266 Waverly Road 300 Abbott Street 115 Phillips Brooks Road 80 Maple Street

4)

For the daily regular education routes, the Contractor shall provide sufficient vehicles and drivers that will make available twenty-two (22) buses with a capacity of 77 passengers that operate on a 3-tier schedule (7 buses) and on a 2-tier schedule (15 buses). Each tier is approximately 45 minutes for each bus in the morning and 45 minutes for each bus in the afternoon, and cover approximately 41 miles per bus per day. Two additional buses and drivers shall be available as replacement buses in case of temporary breakdown or other emergency.

5)

For the in-town special education transportation, the Contractor will supply twelve (12) buses/vans: four (4) buses with a capacity for two (2) wheelchairs and minimum 10 passengers; one (1) bus with a capacity for five (5) wheelchairs and minimum 10 passengers; three (3) vans with a minimum capacity for 7 passengers; and four (4) buses with a minimum capacity for 20 passengers. These vehicles shall operate on a 2-tier schedule. Each tier is approximately 45 minutes in duration.

6)

Routes and route schedules will be developed cooperatively by the Transportation Coordinator and the respective successful bidder. The School Department reserves the right to rearrange or adjust routes and schedules when it is in the interest of the School Department to do so.

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7)

It is anticipated that the first morning pick-up will be at 6:30 a.m. with the final dropoff at 8:50 a.m. The afternoon transportation will start at 2:15 p.m. and the last child dropped off no later than 4:10 p.m. The School Department may adjust the opening and/or closing times for individual schools from 15-30 minutes to coordinate bus routes. Note: During the 2017-2018 school year, the School Department is transporting 2,253 regular education students and 100 special education students to and from their assigned schools as follows:

High School Middle School Atkinson Elementary Franklin Elementary Kittredge Elementary Sargent Elementary Thomson Elementary Early Childhood Center St. Michael’s School TOPS (Andover)

Regular Ed 509 637 171 254 196 361 43 0 82 0

Special Ed 11 14 5 17 7 10 4 25 0 7

8)

For Special Ed preschool students at the Early Childhood Center, three (3) buses are required for Midday transportation to and from school, from 11:45 a.m. and 12:15 p.m.

9)

The School Department desires individual run times not to exceed forty-five (45) minutes. Written notification must be made to the School Department if the desired run time is expected to be exceeded by more than fifteen (15) minutes.

10) The Contractor may not double up bus runs except in “temporary emergency” circumstances. The Contractor is expected to operate on a daily basis the specified number of buses for the bid unless modified in writing and approved in advance by the School Department. 11) In the event the School Department determines the need to increase or decrease the number of buses required during the contract period, the Contractor will receive thirty (30) day notice as to the effective date of the change. Any resulting change(s) in routing, such as additional buses or reduction in buses, as authorized by the School Department, shall not result in an increase or decrease in the rates per bus as provided in the contract. 12) There shall be no increase in payment for any increase in number of school children unless there is an additional bus added.

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13) Nothing in this bid will preclude the School Department from using its own vehicles for transportation purposes. 14) After school transportation is for as-needed services at the high school, middle school and might also include the five elementary schools. The approximate mileage is 11 miles per day with an approximate driving time of 30 minutes per day. 15) Shuttle buses may be used to move students, teachers, and/or parents between schools. These trips include, but are not limited to, 5th and 8th grade Move-Up Day, High School Graduation, New Teacher Orientation Tour, and Fine Arts event. 16) The School Department will require transportation services for school group/ class field trips and athletic trips. Miles for billing purposes shall be ‘live miles’ (i.e., miles when students are on the bus. Miles from the garage/parking location to a pickup/drop-off point are not billable miles. Mileage charges are to include any and all expenses including bus and driver. Time charges will be for wait time only. Wait time is defined as the hours from the time students are dropped off at their destination until the students board the bus for the trip back to the designated North Andover public school location. B. Equipment 1)

All buses used in the performance of this contract must be no more than ten (10) years old at any time during the period of the contract. This also applies to buses used for all extra trips and replacement buses.

2)

All regular education transportation buses shall be 77 pack Class ‘C’ conventional style buses.

3)

All buses shall be constructed, equipped, and maintained in conformance with all applicable laws, regulations and rules of the Department of Motor Vehicles/State Police. Exceptions permitted for Department of Public Utilities buses do not apply.

4)

The Contractor shall submit to the School Department annual updated documentation identifying and detailing the composition of the bus fleet to be used each year of the contract by August 1st of each school year. The list of buses shall include the year, make, model, actual mileage, seating capacity, number of heaters, types of seats, and present condition

5)

All buses must be equipped with digital video recorders capable of recording both video and audio. There must be a minimum of two (2) cameras; one that views the passenger area and one that views the driver area. The recording (DVR) systems must be capable of storing video and audio recordings for a period of five (5) school days before being erased. Any video or audio requested by the School Department must be made available within one (1) school day. The purpose of the system is to

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assist the Contractor and the School Department in maintaining compliance regarding student and driver conduct on buses. The Contractor will be responsible for installing, operating and maintaining the digital recorders and recording systems. The Contractor must also have readily available two (2) spare digital recorders and recorder units for use on spare buses and a digital video/audio recorder available in the dispatch office for reviewing video and audio recordings. The system must trace and show the date and time of all recordings. 6)

All buses must be equipped with a GPS tracking system that is compatible with the Transfinder Bus Routing System.

7)

During the term of the contract, the School Department reserves the right to introduce an automated stop arm enforcement camera system on contracted buses to control stop arm violations. Such an initiative will solicit qualified proposals for the use and servicing of a turnkey automated stop arm camera system. Any such system will combine digital imaging technology with a complete program for supplying, installing, and maintaining the cameras with a back office support. The Contractor must be willing to support such an initiative by allowing the installation of requisite cameras on the exterior of selected buses and related equipment on the inside of the bus.

8)

All buses used to transport students will be equipped with two way radios and stop arms as defined in MGL c90, §7B. The Contractor will be required to have a staffed base station for communication with these vehicles during the time they are transporting students. The Contractor shall provide a two-way communication handset to the School Department. Attention is particularly directed to the following sections of MGL c90: a) b) c) d) e)

Section 1: Definitions Section 1A: School Bus: Registration Section 7A: Inspection of School Buses Section 7B: Requirements as to operation of school buses Section 7C: Registrar may establish minimum standards for construction, etc., of school buses f) Section 14: Precautions for safety g) Section 17: Speed limit in operation of school buses 9)

Each bus used is to be lettered on both sides, with lettering of a size and style to be approved by the School Department, with the words “North Andover Public Schools”. A designated route number shall be affixed to each bus in an appropriate place. Substitute buses must also comply with lettering provision.

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10) Written reports of conditions of buses as determined at time of inspection by the Registry of Motor Vehicles/State Police during the life of the contract are to be sent to the School Department no later than five (5) days following each inspection. 11) The School Department reserves the right, at the sole cost of the Contractor, to require inspection, and certification of condition, of buses at any time by the Registry of Motor Vehicles/State Police or any garage of the School Department’s selection. The inspection shall include brakes, tires, lights; horn, mufflers, steering gear, windshield, windows, windshield cleaner, doors, body construction, and such other parts as may be required. 12) All equipment used in execution of this contract will be maintained in satisfactory condition. Buses shall be kept clean at all times and shall be washed inside and out, and disinfected during each school vacation to maintain this condition. All defective or inoperable equipment shall be replaced promptly without notification, to meet the intent of these specifications. 13) The Contractor shall keep all vehicles in good working condition and to furnish all necessary gasoline, oil, grease, tires, maintenance, and repairs through the entire period of the contract and to comply with all applicable motor and equipment Laws of the Commonwealth of Massachusetts. The Contractor shall, on request, provide the School Department with written verification of such compliance. 14) There shall be no substitution of buses without permission of the School Department for the duration of the contract period, except in the case of emergency breakdown, and then only for a period not exceeding three (3) days, unless approved in writing by the School Department. 15) All vehicles must carry, at all times, the following equipment: a) one first aid kit b) one set of wheel chocks c) one fire extinguisher 16) The speed and method of operation for school buses shall always be such to insure a high degree of safety for the pupils, and shall be in compliance with all state and local laws regarding this aspect. C. Drivers/Monitors 1)

The Contractor shall take active control of all drivers/monitors and provide those of good moral character and habits who meet existing age requirements, and shall train the driver/monitor in consistent discipline and management of the children to the end that the children shall develop the practice of safety and courtesy while being transported to and from school.

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2)

Formal training programs must be held on an annual basis, or more frequently as required, and attended by all drivers/monitors. These training programs shall be at the expense of the Contractor and may be attended by representative(s) of the School Department. Training programs shall be consistent with the rules and regulations of the Registry of Motor Vehicles and/or the Commonwealth of Massachusetts, and must include training for First Aid and CPR.

3)

The Contractor shall furnish careful and competent drivers who are of eligible licensed age and hold an appropriate Massachusetts school bus drivers’ license. Upon discovery of carelessness and/or incompetence of drivers or monitors by the Contractor or School Department, the drivers or monitors must be immediately replaced and the School Department so advised in writing within one (1) school day of the replacement.

4)

At least fifteen (15) calendar days prior to the start of the school year, the Contractor shall submit, in writing, the names of all persons authorized to operate or monitor their school buses under this contract. Accompanying each name shall be the driver’s pre-qualification sheet including a completed Criminal History Board form and a photocopy of the driver’s current appropriate license. Only those drivers, monitors, and substitute drivers submitted to the School Department may drive buses transporting school students, except in cases of emergency, but no emergency driver/monitor shall be employed unless the Contractor has furnished the School Department with the names of such drivers prior to the operation of a North Andover Public School bus. The School Department reserves the right to accept or reject any driver or monitor if it is deemed in the best interest of the Town of North Andover to do so.

5)

A list of licensed operators, regular and substitute, and the buses/routes to which they are to be assigned shall be furnished to the School Department at least fifteen (15) calendar days prior to the start of the school year. Any changes of licensed operators on these routes shall be submitted prior to changes except in an emergency.

6)

Drivers and monitors shall carry at all times a valid Massachusetts driver’s license to operate said vehicle and an official company photo identification card identifying such person as an employee of the Contractor.

7)

All drivers and monitors shall be properly attired and neatly groomed at all times while operating or serving on any vehicle carrying North Andover students. This shall include clean clothing in good repair and evidence of good and generally accepted personal hygiene.

8)

Drivers shall not be permitted to carry any person other than a school officer, teacher, or chaperone while carrying pupils without the express permission of the School Department. Exceptions to this are bus company employees, such as supervisors, bus driver trainees, or drivers learning bus routes.

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9)

Drivers will be required, twice a year, under the direction of a designated individual(s) of the School Department, to hold on-bus emergency evacuation drills for North Andover students.

10) Violations by a driver of any regulation or of the General Laws of the Commonwealth of Massachusetts shall subject said driver to dismissal by the Contractor upon recommendation of the School Department. 11) There shall be no substitution of operators, regular and substitute, without permission of the School Department, except in case of emergencies. D. Operations 1)

Transportation services shall be for a minimum of 180 days in each school year. The days on which transportation shall be furnished shall be as designated and required by the School Department.

2)

The projected routes and route schedules are prepared by the Transportation Coordinator of the North Andover School Department. The Contractor shall provide input on an as-needed or requested basis. The Superintendent of Schools or his/her designee shall approve all routes. All bus routes shall be established every year no later than August 15th. The School Department reserves the right to rearrange or adjust routes and schedules when it is in the interests of the public schools to do so, and any adjustments of rate of payment resulting from such changes shall be in accordance with the terms of the contract.

3)

The Contractor shall not change routes or stops, except in emergency situations, without the expressed consent of the School Department. Each approved change will have an agreed-to effective date. Routes and time schedules are subject to change depending on the number and location of students transported.

4)

The Contractor will be required to have a staffed base station for communication with these vehicles during the time they are transporting students. The Contractor shall provide a two-way communication hand-set to the School Department.

5)

In any given year during the contract year, the School Department may need to increase or decrease the number of regular route buses or in-town special needs buses. Any increase/decrease shall be at the unit prices specified on the bid form for the contract year in which the adjustment occurs.

6)

The schedule of route operation shall be maintained in such a manner that school children awaiting bus arrival shall not be required to wait longer than five (5) minutes beyond the scheduled time of the stop. The bus shall not delay at a bus stop longer

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than necessary for school children to board the bus and be seated. Children are expected to be at their assigned stop prior to the arrival of their bus. 7)

The schedules for buses assigned to provide transportation to and from schools are not to be adjusted to accommodate other transportation requirements (i.e. field trips, athletic trips, etc.).

8)

Only those children designated to ride the bus on each run shall be allowed on the bus. Every student must display a bus pass either on their person or on their backpack. Students shall be picked up and dropped off at their assigned stop only, unless as otherwise directed by the Transportation Coordinator.

9)

IMPORTANT – Kindergarten children shall not be dropped off unless an authorized person, who is at least 18 years of age, is at the stop to receive these children. Further, kindergarten students must be assigned seats in the front of the bus.

10) Parents of students may request daycare or alternate bus transportation service to and/or from locations within the Town of North Andover different from their place of residence. Transportation service, when authorized by the School Department, shall be provided to students to and/or from one or more alternate locations. The authorized schedule of pickup and delivery for each student will be the same each week. The Contractor shall pickup and deliver these students in accordance with the authorized schedule and further, maintain and implement a procedure that ensures that all students are transported only between school and the authorized location on days specified. This element of operations requires that the Contractor be totally familiar with all alternate transportation locations and schedules to ensure accurate delivery of participating students on a daily basis. 11) Drivers are to take or discharge passengers only at scheduled pick-up and drop-off points. 12) There will be no standees allowed on any bus at any time during operation. 13) The operator shall maintain order among school children within the school bus. School children disobeying instructions of the operator shall be reported to the respective School Principal. Drivers have no authority to put a pupil off the bus or to deny transportation. This is an action that can only be taken by a school administrator. Bus drivers are required to attend any meeting/hearing at the request of the School Department. 14) It shall be the responsibility of the operator that the safety of school children is not jeopardized during boarding and disembarking. The bus shall remain stationary, with lights flashing and stop arm extended, until children have safely crossed the street in the direction of their homes. Drivers shall not leave a vehicle unattended with passengers on board or while students are boarding.

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15) Operators shall report complaints by school children or parents of school children to the respective School Principal promptly. 16) The operator shall place the safety of school children above any other consideration at all times and shall under no circumstances leave the bus unattended at any time while it is occupied. The bus driver shall complete the proper trip for all children on his route. 17) All buses shall be cleaned by sweeping or vacuuming daily, and shall be maintained free of noxious odors and poisonous gases at all times. 18) The interior and exterior surfaces of all windows shall be maintained in a clean and safe condition. Under no condition shall buses be operated when the operator’s vision is impaired by the condition of the glass surfaces so that the safety of school children is placed in jeopardy. 19) When requested by the School Department, the Contractor shall provide written reports of bus counts showing the number of riders at each bus stop and on each bus trip. These reports will be required to be completed by the bus drivers on two consecutive days in September and at selected times during the school year as may be deemed necessary by the School Department. 20) The temperature of the bus interior shall be maintained at a minimum average temperature of not less than 55° F when the bus is occupied. 21) There will be NO SMOKING by drivers or monitors while transporting pupils to and from school or during any other school trips. The NO SMOKING rule will also apply to the students themselves. The use of profane or immoral words, gestures, or language shall not be permitted. 22) All doors shall be kept closed while a school bus is in motion. 7. Prevailing Wage Rates The successful bidder will at all times comply with the prevailing wage rates as determined by the Department of Labor Standards under the provisions of Massachusetts General Laws as shall be in force and as amended. The prevailing wage rates are attached. 8. Fuel Adjustment Clause If the price of fuel increase or decreases by more than $.399 per gallon from the ‘Bid Base Price of Fuel’ (included on Appendix A – Price Proposal) 80% of the cost increase or decrease shall be debited or credited to the monthly invoice(s). The increase or decrease shall apply to each category of service (i.e., regular education in-district transportation, special education in-district transportation, field trips, and athletic events). The fuel cost increase or decrease must remain in

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effect from the first operating day of the month through the last operating day of the month based on the actual price paid per gallon. In order to receive reimbursement for increased fuel costs provided herein, the Contractor must provide receipts for said fuel on a monthly basis throughout the contract term as verification of such increase, as well as an accurate accounting (live miles per trip) of the fuel used for the School Department’s services. Miles-per-gallon shall be based on the bus manufacturer’s specifications. Under no circumstances shall the School Department absorb fuel costs not associated with the contract. The Contractor agrees to maintain accurate and complete records relative to the use of fuel under the contract which shall be made available to the School Department prior to the awarding of any fuel adjustment. Reference for gas pricing is the ‘Diesel Spot Market Price for Boston’ or unleaded gasoline or unbranded ethanol, as shown on the website www.lpvec.org/energy-service/energy-prices. Any change in the Commonwealth of Massachusetts motor vehicle fuel tax will be adjusted on a penny-for-penny basis during the term of the contract. It will be separately computed outside the $.399 adjustment limit, based on the gallons used per day as calculated above. 9. Payment, Billing, and Reports A. The Contractor shall submit an invoice, in duplicate, to the School Department for each month services are provided. B. For the regular education transportation contract, payments shall be made in ten (10) equal installments each year beginning (September-June) plus or minus any fuel adjustment payments. For the special education in-district transportation contract, payment shall be made monthly for the actual number of days of operation. C. If the Contractor is unable to furnish transportation on any given day, the Contractor shall reimburse the School Department for all actual costs required to furnish alternate transportation. Such reimbursement shall be reflected as a ‘credit’ on the next month’s invoice. D. The Contractor agrees to designate a specific person who shall be available to the School Department for the purposes of conference and consultation relative to bus routes, scheduling, behavior, billing, and other related matters. E. The Contractor, or his operator, shall make written reports within twenty-four (24) hours to the School Department of all accidents in which a bus is involved. In the event of an accident, a verbal report shall be immediately made by telephone to the School Department after notification of police and the rendering of assistance to any individuals involved. F. The Contractor shall submit, upon request by the School Department, any information required to complete reports for the Massachusetts Department of Elementary and Secondary Education.

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10. Criminal Offender Records Check In accordance with Massachusetts General Laws, c71, §38R, the North Andover School Department requires criminal offender records checks be performed on all personnel of authorized contractors that may have direct and unmonitored contact with children. The Contractor will be required to submit a ‘CORI Request Form’ for any person who may be assigned to provide services under this contract. The forms will be submitted directly to the designated contact person at the School Department. The ‘CORI Request Form’ may be viewed at https://drive.google.com/file/d/0ByFkmkAIhO08Y2plaUxCYVlaeXM/view 11. Estimated Quantities The number of buses for each category of service listed in Appendix A are simply estimates for bid purposes only. The School Department will not be obligated to commit to any specific number of buses for any category of service during the period of the contract. 12. 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 grand total price for each category of service offered by each responsive and responsible bidder will be taken into account for the initial three-year period of the proposed contract. The School Department 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.



Responsibility Bidders must demonstrate that they meet measures of responsibility. The School Department 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 Department may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard.

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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 (except as provided for in Section 8 of this IFB) 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. (Note: In the event an invoice is incorrect and needs to be adjusted, the counting of the past due days will commence upon receipt of the corrected 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. 13. Term of Contract The North Andover School Department is seeking to award a three-year contract for the period of July 1, 2018 through June 30, 2021 with two (2) additional one-year renewals, solely at the discretion of the School Department. The School Department will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period.

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APPENDIX A - PRICE PROPOSAL All unit prices are to remain firm for the entire contract term. One contract will be awarded to the responsible and responsive bidder offering the lowest grand total for all categories of service for the initial three year period. In the event of a discrepancy between the unit price and the annual cost, the unit price shall govern.

Year 1: July 1, 2018 through June 30, 2019 Category 1 Service – REGULAR TRANSPORTATION A. 3-Tier Bus Routes – 7 buses x 180 days per year Price per bus per day ________ x 9 buses x 180 days

$___________

B. 2-Tier Bus Routes – 15 buses x 180 days per year Price per bus per day ________ x 11 buses x 180 days

$___________

C. After-School Routes – 2 bus x 50 days per year Price per bus per day ________ x 2 buses x 50 days

$___________

D. Shuttle Buses – 1 bus x 50 days per year Price per bus per day ________ x 1 bus x 50 days

Subtotal for Category 1 Service

$___________

$___________

Category 2 Service – FIELD TRIPS AND ATHLETIC EVENTS Estimated Need: Buses for 620 field or athletic event trips. These trips average 60 miles of travel roundtrip each and average 2 hours of waiting time. Price per mile ________ x 37,200 miles

$___________

Price per hour of waiting time ________ x 1,240 hours

$___________

Subtotal for Category 2 Service

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$___________

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Category 3 Service – SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

B. 1 bus (5 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 1 bus x 180 days

$___________

C. 4 buses (minimum 20 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

D. 3 vans (minimum 7 passengers) x 180 days per year Price per van per day ________ x 3 vans x 180 days

$___________

Subtotal for Category 3 Service

$___________

Total for Year 1

$___________

Year 2: July 1, 2019 through June 30, 2020 Category 1 Service – REGULAR TRANSPORTATION A. 3-Tier Bus Routes – 7 buses x 180 days per year Price per bus per day ________ x 9 buses x 180 days

$___________

B. 2-Tier Bus Routes – 15 buses x 180 days per year Price per bus per day ________ x 11 buses x 180 days

$___________

C. After-School Routes – 2 bus x 50 days per year Price per bus per day ________ x 2 buses x 50 days

$___________

D. Shuttle Buses – 1 bus x 50 days per year Price per bus per day ________ x 1 bus x 50 days

Subtotal for Category 1 Service Town of North Andover School Department IFB Student Transportation Services

$___________

$___________ Page 20 of 43

Category 2 Service – FIELD TRIPS AND ATHLETIC EVENTS Estimated Need: Buses for 620 field or athletic event trips. These trips average 60 miles of travel roundtrip each and average 2 hours of waiting time. Price per mile ________ x 37,200 miles

$___________

Price per hour of waiting time ________ x 1,240 hours

$___________

Subtotal for Category 2 Service

$___________

Category 3 Service – SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

B. 1 bus (5 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 1 bus x 180 days

$___________

C. 4 buses (minimum 20 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

D. 3 vans (minimum 7 passengers) x 180 days per year Price per van per day ________ x 3 vans x 180 days

$___________

Subtotal for Category 3 Service

$___________

Total for Year 2

$___________

Year 3: July 1, 2020 through June 30, 2021 Category 1 Service – REGULAR TRANSPORTATION A. 3-Tier Bus Routes – 7 buses x 180 days per year Price per bus per day ________ x 9 buses x 180 days Town of North Andover School Department IFB Student Transportation Services

$___________ Page 21 of 43

B. 2-Tier Bus Routes – 15 buses x 180 days per year Price per bus per day ________ x 11 buses x 180 days

$___________

C. After-School Routes – 2 bus x 50 days per year Price per bus per day ________ x 2 buses x 50 days

$___________

D. Shuttle Buses – 1 bus x 50 days per year Price per bus per day ________ x 1 bus x 50 days

Subtotal for Category 1 Service

$___________

$___________

Category 2 Service – FIELD TRIPS AND ATHLETIC EVENTS Estimated Need: Buses for 620 field or athletic event trips. These trips average 60 miles of travel roundtrip each and average 2 hours of waiting time. Price per mile ________ x 37,200 miles

$___________

Price per hour of waiting time ________ x 1,240 hours

$___________

Subtotal for Category 2 Service

$___________

Category 3 Service – SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

B. 1 bus (5 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 1 bus x 180 days

$___________

C. 4 buses (minimum 20 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

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$___________

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D. 3 vans (minimum 7 passengers) x 180 days per year Price per van per day ________ x 3 vans x 180 days

$___________

Subtotal for Category 3 Service

$___________

Total for Year 3

$___________

Year 4 (option year 1): July 1, 2021 through June 30, 2022 Category 1 Service – REGULAR TRANSPORTATION A. 3-Tier Bus Routes – 7 buses x 180 days per year Price per bus per day ________ x 9 buses x 180 days

$___________

B. 2-Tier Bus Routes – 15 buses x 180 days per year Price per bus per day ________ x 11 buses x 180 days

$___________

C. After-School Routes – 2 bus x 50 days per year Price per bus per day ________ x 2 buses x 50 days

$___________

D. Shuttle Buses – 1 bus x 50 days per year Price per bus per day ________ x 1 bus x 50 days

Subtotal for Category 1 Service

$___________

$___________

Category 2 Service – FIELD TRIPS AND ATHLETIC EVENTS Estimated Need: Buses for 620 field or athletic event trips. These trips average 60 miles of travel roundtrip each and average 2 hours of waiting time. Price per mile ________ x 37,200 miles

$___________

Price per hour of waiting time ________ x 1,240 hours

$___________

Subtotal for Category 2 Service Town of North Andover School Department IFB Student Transportation Services

$___________ Page 23 of 43

Category 3 Service – SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

B. 1 bus (5 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 1 bus x 180 days

$___________

C. 4 buses (minimum 20 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

D. 3 vans (minimum 7 passengers) x 180 days per year Price per van per day ________ x 3 vans x 180 days

$___________

Subtotal for Category 3 Service

$___________

Total for Year 4 (option year 1)

$___________

Year 5 (option year 2): July 1, 2022 through June 30, 2023 Category 1 Service – REGULAR TRANSPORTATION A. 3-Tier Bus Routes – 7 buses x 180 days per year Price per bus per day ________ x 9 buses x 180 days

$___________

B. 2-Tier Bus Routes – 15 buses x 180 days per year Price per bus per day ________ x 11 buses x 180 days

$___________

C. After-School Routes – 2 bus x 50 days per year Price per bus per day ________ x 2 buses x 50 days

$___________

D. Shuttle Buses – 1 bus x 50 days per year Price per bus per day ________ x 1 bus x 50 days Subtotal for Category 1 Service Town of North Andover School Department IFB Student Transportation Services

$___________ $___________ Page 24 of 43

Category 2 Service – FIELD TRIPS AND ATHLETIC EVENTS Estimated Need: Buses for 620 field or athletic event trips. These trips average 60 miles of travel roundtrip each and average 2 hours of waiting time. Price per mile ________ x 37,200 miles

$___________

Price per hour of waiting time ________ x 1,240 hours

$___________

Subtotal for Category 2 Service

$___________

Category 3 Service – SPECIAL EDUCATION A. 4 buses (2 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

B. 1 bus (5 wheelchairs & minimum 10 passengers) x 180 days per year Price per bus per day ________ x 1 bus x 180 days

$___________

C. 4 buses (minimum 20 passengers) x 180 days per year Price per bus per day ________ x 4 buses x 180 days

$___________

D. 3 vans (minimum 7 passengers) x 180 days per year Price per van per day ________ x 3 vans x 180 days

$___________

Subtotal for Category 3 Service

$___________

Total for Year 5 (option year 2)

$___________

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Addenda ______________ are acknowledged: __________________________________ Signature Business Name______________________________________________________ Business Address____________________________________________________ Business Phone ________________________Fax __________________________ Email Address______________________________________________________ ______________________________________________________ Name of Person Authorized to sign Price Proposal ______________________________________________________ Title of Person Authorized to sign Price Proposal _____________________________________________________ Signature of Above Person

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NORTH ANDOVER SCHOOL DEPARTMENT CONTRACT (GOODS / SERVICES)

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.

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5.

4.2

Contract Documents: All documents relative to the Contract including (where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period or proposal. 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. The Contractor’s relationship to the School is that of an independent contractor and not that of an agent or employee of the School.

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

Sub-Contractor: 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.

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 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

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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 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 Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or regulations, and Town bylaws and/or regulations.

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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, 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 Massachusetts General Laws are incorporated by reference into this Contract, including, but not limited to, the following: M.G.L. Chapter 30B – Procurement of Goods and Services. M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts. M.G.L. 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, then it shall be understood that this Agreement shall 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 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

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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. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law.

14. 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.

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15.

Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk’s Certificate or if a Limited Liability Corporation, a Manager’s Certificate or other documentation satisfactory to the School 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, c181, §3, 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.

16.

Liability of Public Officials To the full extent permitted by law, no official, employee, agent or representative of the North Andover School Department shall be individually or personally liable on any obligation of the School under this Contract.

17.

Indemnification The Contractor shall indemnify, defend and save harmless the School, the School’s officers, attorneys, 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.

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

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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

19.

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.

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, 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. 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.

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20.

Confidentiality The Contractor shall comply with M.G.L. c66A if the Contractor becomes a “holder” of “personal data”. The Contractor shall also protect the physical security and restrict any access to personal or other School data in the Contractor’s possession, or used by the Contractor in the performance of this Contract, which shall include, but is not limited to the School’s public records, documents, files, software, equipment or systems.

21.

Record-Keeping and Retention, Inspection of Records The Contractor shall maintain records, books, files and other data as specified in this Contract and in such detail as shall properly substantiate claims for payment under this Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. The School shall have access during the Contractor’s regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense.

22.

Assignment The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the School.

23.

Subcontracting By Contractor Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the School and shall be 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 party.

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

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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 c149, §27B. 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.

Payment 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. 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.

29.

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 of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties.

Town of North Andover School Department IFB Student Transportation Services

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30.

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 Department by being sent to the School Superintendent, North Andover School Department, 566 Main Street, North Andover, Massachusetts 01845.

31.

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).

32.

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.

33.

Contractor Certifications 33.1

By signing this contract, the Contractor certifies under the penalties of perjury that pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes; and that pursuant to General Laws c151A, §19A, the Contractor has complied with 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.

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34.

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. c149, §44C, M.G.L. c149, §148B and M.G.L. c152, §25C.

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. This Contract for purchase includes the following delivery, installation or setup requirements: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________

34.2

Applicable to Contracts for Services 34.2.1 “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. 34.2.2 Change Orders: Change orders for contracts subject to Massachusetts General Laws c30B may not increase the total contract price by more than twenty-five (25%) per cent and shall be in compliance with Massachusetts General Laws c30B, §13.

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34.2.3 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 c149, §27B. 34.2.4 Insurance: The Contractor shall obtain and maintain the following insurance: 34.2.4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 34.2.4.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 34.2.4.3 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. 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 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

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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.

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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

THE CONTRACTOR

______________________________ Division/Department Head

______________________________ Company Name

______________________________ School Superintendent Date

______________________________ Signature Date

______________________________ Print Name & Title

Federal Identification No.:___________________________

APPROVED AS TO FORM:

____________________________________________ Town Counsel Date

CERTIFICATION AS TO AVAILABILITY OF FUNDS:

____________________________________________ Town Accountant Date

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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

Date

___________

____________________________________ Print Name & Title

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 Transportation Services

____________________ Date

Page 41 of 43

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 ________________________. I hereby certify that I am the clerk of the above named ________________________ 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)

Town of North Andover School Department IFB Student Transportation Services

__________________________________ (Clerk)

Page 42 of 43

THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS

Prevailing Wage Rates CHARLES D. BAKER Governor

As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H

ROSALIN ACOSTA Secretary

WILLIAM D MCKINNEY

KARYN E. POLITO Lt. Governor

Awarding Authority:

Director

Town of North Andover

Contract Number:

City/Town:

Description of Work:

Furnish student transportation services for North Andover School District students

Job Location:

Various locations

NORTH ANDOVER

Information about Prevailing Wage Schedules for Awarding Authorities and Contractors • This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the “Wage Request Number” on all pages of this schedule. • An Awarding Authority must request an updated wage schedule from the Department of Labor Standards (“DLS”) if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90-days of the wage schedule issuance date. • The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor. • All apprentices working on the project are required to be registered with the Massachusetts Department of Labor Standards, Division of Apprentice Standards (DLS/DAS). Apprentice must keep his/her apprentice identification card on his/her person during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DLS/DAS regardless of whether or not they are registered with any other federal, state, local, or private agency must be paid the journeyworker's rate for the trade. • The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule. Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, awarding authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The annual update requirement is not applicable to 27F “rental of equipment” contracts. • Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years. Each weekly payroll report must contain: the employee’s name, address, occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at http://www.mass.gov/dols/pw. • Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire with DLS at (617) 626-6953. • Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor Division of the office of the Attorney General at (617) 727-3465. • Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and Issue Date:

11/07/2017

Wage Request Number:

20171107-009

Classification

Health

Pension

Supplemental Unemployment

Total Rate

Effective Date

Base Wage

09/01/2017

$18.00

$-

$0.00

$0.00

$18.00

09/01/2017

$27.50

$-

$0.00

$0.00

$27.50

School Bus

School Bus 7D Driver SCHOOL BUS - 1459/FIRST STUDENT-NORTH ANDOVER

School Bus Driver SCHOOL BUS - 1459/FIRST STUDENT-NORTH ANDOVER

Additional Apprentice Information: Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre-determined hourly wage rate established by the Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss. 11E-11L. All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11E-11L. All steps are six months (1000 hours.) Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof, unless otherwise specified. ** Multiple ratios are listed in the comment field. *** APP to JM; 1:1, 2:2, 2:3, 3:4, 4:4, 4:5, 4:6, 5:7, 6:7, 6:8, 6:9, 7:10, 8:10, 8:11, 8:12, 9:13, 10:13, 10:14, etc. **** APP to JM; 1:1, 1:2, 2:3, 2:4, 3:5, 4:6, 4:7, 5:8, 6:9, 6:10, 7:11, 8:12, 8:13, 9:14, 10:15, 10:16, etc.

Issue Date:

11/07/2017

Wage Request Number:

20171107-009

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