2 Vans 2020.pdf

NEEDHAM PUBLIC SCHOOLS

1330 Highland Avenue Needham, MA 02492

December 2019

INVITATION FOR BID (IFB)

TOWN OF NEEDHAM

SCHOOL DEPARTMENT

Purchase of Two (2) Retrofitted Pupil Transportation Vans

IFB# 20SCH095G

The Needham School Committee invites sealed bids for the purchase of two (2) Retrofitted Pupil Transportation Vans, to the Needham Public School Administration Building, by August 14, 2020 Invitation for Bid packages will be available from the Office of the Assistant Superintendent for Finance and Operations, 1330 Highland Avenue, Needham, MA 02492, or may be downloaded from http://www.needhamma.gov/bids.aspx beginning Friday, December 13, 2019 at 9:00 AM.

Bids are returnable to the Office of the Assistant Superintendent for Finance and Operations, 1330 Highland Avenue, Needham, MA 02492 no later than Friday, January 17, 2020 at 10:00 AM at which time and place they will be publicly opened. LATE PROPOSALS will not be accepted. The Town reserves the right to reject any and all bids as determined to be in the interests of the Town and to waive minor informalities.

Bids will be awarded by the Needham School Committee, acting through the Superintendent.

Daniel E. Gutekanst Superintendent of Schools Town of Needham Needham, Massachusetts

Needham Public Schools Procurement in Brief

Primary Procurement Contact

Melane Bisbas School Business and Operations Coordinator 1330 Highland Avenue Needham, MA 02492 781-455-0400 x 11204 melane_bisbas@needham.k12.ma.us

Event Date Details Title Two (2) Retrofitted Pupil Transportation Vans Contract Number 20SCH095G

IFB Available December 13, 2019 9:00 AM

Invitation for Bid packages are available from the Office of the Assistant Superintendent for Finance and Operations, 1330 Highland Avenue, Needham, MA 02492, or may be downloaded from http://www.needhamma.gov/bids.aspx.

Bidders who access bid materials from the Town’s website are responsible for acknowledging receipt of those materials using the Acknowledgement of Receipt form found in Appendix B and for checking the website periodically for any addenda that may be issued.*

Pre-Bid Meeting December 16, 2019 10:00 AM Opportunity to View Trade-in Vehicles.

A pre-bid conference will be at the Newman Elementary School 1155 Central Avenue, Needham, MA 02492. All potential bidders are invited (but not required) to attend.

Deadline for Written Questions

January 8, 2020 12:00 PM

Needham Public Schools will not respond to questions submitted after the above date.

Questions must be submitted in writing, via fax, email or US post to:

Melane Bisbas School Business and Operations Coordinator Needham Public Schools 1330 Highland Avenue Needham, MA 02492 melane_bisbas@needham.k12.ma.us Oral communications are not binding on the School Department. Responses to questions submitted in writing will be forwarded to all persons on record as having received the IFB.

Addenda If any changes are made to this IFB, an addendum will be issued. Addenda will be mailed or faxed or emailed to all bidders on record as having received the IFB. Addenda also will be posted to the Town of Needham bid website at http://www.needhamma.gov/bids.aspx.

When and Where are Bids Due?

January 17, 2020 10:00 AM

LATE PROPOSALS will not be accepted.

Bids are due to the Office of the Assistant Superintendent for Finance and Operations, 1330 Highland Avenue, Needham, MA 02492 by the due date and time. If, on the bid due date, the above office is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed to the next normal business day (M-F, excluding holidays.) Bids will be accepted at the same location until that date and time.

Number of Required Copies One original + 2 copies of all forms

Bid Opening January 17, 2020 10:00 AM Bids will be publicly opened.

Interested parties are invited to attend the bid opening.

Bid Surety (Bond) Requirements None Required Contract Award Award will be made within 60 business days after the bid opening.

Contract Length 1 time purchase

Upon Award of Contract

Payment Bond Not Required Performance Bond Not Required Insurance Refer to Contract Terms

* Bid Acknowledgement

It is recommended (but not required) that bidders acknowledge receipt of the bid package using the Acknowledgement of Receipt form found in Appendix B. Bidders who complete and return this acknowledgement will be entered as a bidder of record in the Bid Distribution Register, thereby ensuring that they will receive notification of any addenda or answered questions related to this bid. Bidders who do not complete and return the Acknowledgement Form are responsible for checking the website regularly for any addenda that are issued to this bid.

NEEDHAM PUBLIC SCHOOLS

Needham, MA 02492

December 2019

Purchase of Two (2) Retrofitted Pupil Transportation Vans

INVITATION FOR BID (IFB)

#20SCH095G

I. INFORMATION & INSTRUCTIONS TO BIDDERS

1. Questions:

Bidders must read these specifications carefully. Questions about the specifications shall be submitted in writing via fax, email or U.S. post to the address specified below, no later than January 8, 2020 at 12:00 PM. Needham Public Schools will not respond to questions submitted after that date.

Melane Bisbas

School Business and Operations Coordinator 1330 Highland Avenue Needham, MA 02492 781-455-0400 x 11204 melane_bisbas@needham.k12.ma.us

Bidders also take note that ORAL COMMUNICATIONS ARE NOT BINDING ON THE SCHOOL DEPARTMENT. The School Department will respond to all questions submimtted in writing and will forward responses to all persons on record as having received the IFB.

2. Downloading Bid Documents from the Town of Needham website

Bid documents, including addenda, may be downloaded from the Town of Needham website at http://www.needhamma.gov/bids.aspx. Bidders who access bid materials from the Town’s website are responsible for acknowledging receipt of those bid materials using the Acknowledgement of Receipt form found in Appendix B and for checking the website periodically for any addenda that may be issued.

3. Bid Acknowledgement

It is recommended (but not required) that bidders acknowledge receipt of the bid package using the Acknowledgement of Receipt form found in Appendix B. Bidders who complete and return this acknowledgement will be entered as a bidder of record in the Bid Distribution Register, thereby ensuring that they will receive notification of any addenda or answered questions related to this bid. Bidders who do not complete and return the Acknowledgement Form are responsible for checking the website regularly for any addenda that are issued to this bid.

4. Bid Addenda

If any changes are made to this IFB, an addendum will be issued. Addenda will be mailed, faxed or emailed to all bidders on record as having received the IFB. Addenda also will be posted to the Town of Needham bid website at http://www.needhamma.gov/bids.aspx.

5. Pre-Bid Conference

There will be a pre-bid conference scheduled on Monday, December 16, 2019 10:00 AM, the Newman Elementary School 1155 Central Avenue, Needham MA 02492. This will be an opportunity to view the vehicles that will be traded in as part of this bid.

6. When and Where are Bids Due?

Bids will be received by the Assistant Superintendent for Finance and Operations, Needham Public Schools, 1330 Highland Avenue, Needham, MA 02492, until January 17, 2020, 10:00 AM at which time and place they will be publicly opened.

7. Unexpected Closure or Delays

If, at the time of the scheduled bid submission deadline, the designated location for delivery of the bid is closed due to uncontrollable events such as fire, snow, ice, wind or building evacuation, the bid opening will be postponed to the next normal business day (M-F, excluding holidays at the same designated time.) Bids will be accepted at the same location until that date and time.

8. Late Submissions

Bids received after the date and time specified shall not be considered. The Town of Needham assumes no responsibility for late submissions due to mail, courier or delivery delays.

9. Submission Requirements

A. Bids must be submitted in a sealed envelope, clearly marked with the title of the bid and name of the bidder. If the bid is being sent by U.S. mail, the sealed bid envelope must be enclosed within a separate, sealed mailer envelope.

B. Bids are to be prepared and submitted on the bid forms provided herein. Bids submitted on other forms, which are incomplete, or which are not signed, may be rejected.

C. A bid must be signed as follows: 1) if a bidder is an individual, by him/her personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

D. Provide ONE ORIGINAL + 2 COPIES of the following items, completed in full and appropriately signed:

Bid Form I Checklist of Bid Forms Bid Form II Bidder Information & Statement of Qualifications Bid Form III Bid Specifications/Bid Specifications Exeption Form

Bid Form IV Bid Form V Bid Form VI

Bid Prices – Purchase Two (2) Retrofitted Pupil Transportation Vans Certificate of Compliance with Massachusetts Tax Laws & Non-Collusion Certificate of Corporate Vote

10. Premature Bid Opening

The Town of Needham will not be responsible for the premature opening of any bid not properly identified. The School Department may reject bids, which are incomplete, not properly endorsed or signed, or which otherwise are contrary to these instructions.

11. Bid Modifications or Withdrawals

Bidders may correct, modify or withdraw a bid prior to the submission deadline. Requests to do so must be received by the Assistant Superintendent for Finance and Operations prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled “Modification No.____.” Each modification must be numbered in sequence, and must reference the original bid.

After the submission deadline, bidders may not change the price or any other provision of the bid in a mannuer that is prejudicial to the interests of the governmental body or fair competition. The Needham Public Schools will waive minor informalities or allow the bidder to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the Needham Public Schools will correct the mistake to reflect the intended correct bid, and will notify the bidder in writing. A bidder may withdaw a bid if a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident.

12. Rejection of Bids

The School Committee of Needham (Committee) reserves the right to reject in whole or in part any and all bids, if the Committee determines that cancellation or rejection serves the best interests of the District.

13. Bonds

Not Required

14. Uniform Procurement Act (MGL Ch30B)

Bids shall be prepared, considered, and the Contract awarded in accordance with Massachusetts General Law (M.G.L.) Chapter 30B, the Uniform Procurement Act.

15. Prices Firm for 60 Days

All bid prices submitted in response to this IFB must remain firm for sixty (60) days following the bid opening, until a contract is executed, or the IFB is cancelled, whichever occurs first.

16. Taxes

Purchases made by the Needham Public Schools are exempt from the payment of all federal excise tax and the payment of Commonwealth of Massachusetts sales tax. As such, sales tax must not be included in the bid price. If requested, the School Department will provide the awarded bidder with a copy of the certificate of exemption.

17. Public Records

Under Massachusetts General Laws, the Needham Public Schools cannot assure the confidentiality of any materials or information that may be submitted in response to this Bid. Vendors who choose to submit confidential information, do so at their own risk. All materials submitted by the vendor in response to this Bid will be open for inspection by any person and in accordance with Massachusetts General Laws, Chapter 66 (Public Records Law.) Any statements reserving any confidentiality or privacy rights in the submitted responses or otherwise inconsistent with these statues will be void and disregarded. Unless specifically addressed by statute, the Town may charge five cents ($0.05) per page for photocopies. The Town may charge the actual cost of reproducing a copy of a record that is not susceptible to ordinary means of reproduction, such as large computer records or over-sized plans. The Town may charge and recover a fee for the time in excess of two hours that an employee spends searching, redacting, photocopying and re-filing a record. The Town will provide a written, good faith estimate of the applicable copying, search time and segregation time fees to be incurred prior to complying with a public records request. The cost of performing a search and segregation of records generally will not exceed $25.00 per hour.

18. Conflict of Interest

By executing a contract with the Town of Needham, the Bidder acknowledges that the Town of Needham is a municipality for the purposes of Massachusetts General Laws, Chapter 268A (the Massachusetts Conflict of Interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.

19. Other Notices

Bid evaluation and contract award will be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin.

The Bidder shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws, Chapter 151B).

The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful Bidder may receive or award as a result of this contract.

Any services provided by the Bidder shall be rendered through a professional services contract; the Bidder will not be considered an employee of the Town and will not receive any benefits of an employee.

The Bidder shall comply with Massachusetts General Laws, Chapter 66A if the Bidder becomes a "holder" of "personal data". The Bidder shall also protect the physical security and restrict any access to personal or other Town data in the Bidder's possession, or used by the Bidder in the performance of the Contract, which shall include, but is not limited to the Town's public records, documents, files, software, equipment or systems.

II. CONTRACT AWARD & BIDDER QUALIFICATIONS

1. Rule for Award/ Contract Issuance:

A. One contract for the purchase of two (2) retrofitted pupil transportation vans will be awarded to the responsive and responsible bidder(s) with the lowest bid price, net of the trade in of three Needham- owned vans. The contractor must meet all of the terms and conditions of this IFB, including furnishing, set up and delivered, by August 14, 2020, and the trade in of two existing Needham-owned vehicles.

In the event that multiple responsive and responsible bidders submit the same grand total bid price, the contract award will be determined by a coin toss. The bidder whose submission was received earliest shall be assigned “heads” in the coin toss. In the event of a tie between three (3) or more bidders, based on the re-calculated bid price, the award shall be made by a draw by lot limited to those bidders. The coin toss/draw by lot shall be scheduled within two (2) business days from when it was determined by the School Department to be a tie bid. The bidders involved shall be given an opportunity to attend. The coin toss/drawing shall be witnessed by at least three (3) School Department officials. The tie-breaker event shall be held at the School Administration Building at 1330 Highland Avenue, during regular business hours.

B. The Needham School Committee will award the contract under this bid within sixty (60) business days after the opening of the bids.

C. Should there be a reason why the contract cannot be awarded within the time referenced herein, the time for award may be extended for up to 45 additional days by mutual agreement between the Needham Public Schools (NPS) and the successful bidder.

D. The Needham Public Schools reserves the right to reject any and all proposals as determined to be in the best interest of the Town and to waive minor informalities.

E. The successful bidder must enter into the Short Form Agreement prepared by Town Counsel of the

Town of Needham (Appendix A), or a contract in substantially similar format.

F. PENALTY FOR LATE FURNISHING, SET UP AND DELIVERY: Time is of the essence and, as such, the contract will contain language stating that a late penalty of $500.00/week, will be assessed to the contract holder, for late furnishing, set up and delivery of the two (2) vans, after August 14, 2020.

G. This Contract is subject to cancellation if funding is not appropriated or otherwise not made available.

H. The award will be subject to satisfactory reference checks, conducted by the School Department.

2. Bidder Qualifications:

A. To be considered qualified under this bid:

a. Bidders must provide all services specified herein, and comply with all bid submission requirements.

b. Bidders must provide evidence of satisfactory ability and experience to execute the requirements, specifications, and conditions of this Bid. This information will be provided on Bid Form I. If requested, a bidder may be required to submit additional evidence to demonstrate satisfactory ability and experience to the Needham Public Schools.

B. The School Committee reserves the right to investigate the financial responsibility of any and all bidders to determine what assurance the owner may have of subsequent service. It further reserves the right to withhold contract award when the bidder is unable to furnish satisfactory evidence of adequate ability, experience and/or capital to execute the completion of a project in accordance with the prescribed requirements, specifications and conditions of the bid documents. Needham Public Schools reserves the right to solely determine what constitutes satisfactory eveidence of adequate ability, experience and/or capital to execute the bid requiremetns under this section.

III. PURCHASE DESCRIPTION & SCOPE OF SERVICES:

1. Overview

The bid will cover the purchase of two (2) retrofitted pupil transportation vans, to be furnished, set up and delivery, to the Needham Public School Administration Building, by August 14, 2020.

This bid includes the trade in of two vans, as described below in Section II.2.c, Scope of Services.

2. Scope of Service & Quality Requirements

Proposals must meet the following REQUIRED VEHICLE MINIMUM CRITERIA to be eligible for contract award:

a. The chassis is to be a new, 2020 model year or newer.

b. The contractor shall provide vehicles, which shall be constructed, equipped and conform with the applicable laws and regulations of the Federal Department of Transportation, The Massachusetts Department of Transportation, and the General Laws of the Commonwealth of Massachusetts, in particular, but not limited to, the following sections of Chapter 90:

• Section 1: Definitions

• Section 7A: Rules and Regulations for Periodic Inspections of Motor vehicles:

7D Vehicles; Fees

• Section 7B: Equipment and Operation of 7D Vehicle

• Section 7C: Minimum Standards for Construction and Equipment of 7D Vehicle

c. Specific Specifications – The following must be included on the 7D Vehicle:

• 2020 van

• Door-entrance: 60/40 side cargo doors

• Back up sensors

• Back up camera

• 2 additional keys (FOB)

• Front & rear air conditioning and heat

• Child checkmate system or comparable system

• AM/FM/CD, power group

• White exterior color

• Limited slip rear axle

• Day time running lamps

• Back up alarm

• 3 – 2 Passenger rigid seat w/ 3pt integrated shoulder belt and car seat anchor

• 2 – Single passenger rigid seat 3pt w/ integrated shoulder belt and car seat anchor

• 36” Perforated steel powder coated driver’s side step – no mesh

• 86” Perforated steel powder coated passenger side step – no mesh

• 7D Equipment including – 2a10bc fire extinguiser with hose (mounted), 2 chock blocks, seatbelt cutter, body fluid contain kit, 3 triangle reflector kit, roof mounted school bus sign with flashing lights, stop arm assembly with red alternating lights 12volt – interior 2 way flashing indicator of bus lights activated

• Steel grab pole behind front passenger seat

• Tinted windows side and rear – factory tinted windshield

• 5.5” Vinyl lettering on both sides of vehicle “ NEEDHAM PUBLIC SCHOOLS”

• 3.5” Vinyl lettering on rear door “UNLAWFUL TO PASS WHEN LIGHTS ARE

FLASHING”

• 3.5” Vinyl numbers on driver side windshield “1” and “2” and the passenger rear window. note-one van is number 1 and one van is number 2

• Vans must be registered as SPN In Massachusetts, with applicable 7D and MA State inspection stickers upon delivery

• Engine: 6cyl engine

• Transmission: Automatic 6 spd transmission

• The vans should be numbered: one van Number 1, and one van Number 2, in four locations (drivers side windshield, rear window passenger side, front driverside quarter panel, front passenger quarter panel)

• “NEEDHAM PUBLIC SCHOOLS” must be lettered on both sides of the vans

• “OWNED AND OPERATED BY TOWN OF NEEDHAM MA” must be lettered on both sides of the vans – 1” lettering

• Bidders must accept the following vans for trade in:

1. Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 54,864

2. Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 61,572

• Vans shall be under manufacturer’s warranty for a minimum of 3 years/36,000 miles.

power train warranty 5/years/60,000 miles.

3. Selection Process

a. The Needham School Committee, acting through its Superintendent, will award the contract to the responsive and responsbile bidder offering the lowest grand total bid price.

Bid Form I Needham Public Schools

CHECKLIST

Company Name: __________________________________________________________________________

Acknowledgement of Receipt Form (Appendix B), completed and returned, if bid materials downloaded from the Town of Needham bid website.

Bid Form II, Bidder Information & Statement of Qualifications, completed and signed. Include requried General Program Information as an attachment to this form.

Bid Form III, Bid Specifications/Bid Specifications Exeption Form

Bid Form IV, Bid Prices- Purchase of Two- (2) Retrofitted Pupil Transportation Vans Delivered and Installed minus the trade in of two NPS Owned Vans.

Bid Form V, Certificate of Compliance with Massachusetts Tax Laws & Non-Collusion, completed and signed.

Bid Form VI, Certificate of Corporate Vote, completed and signed.

Bidder acknowledged all addenda, if any:

Addendum #1, Dated _____________ Addendum #2, Dated _____________ Addendum #3, Dated _____________ Addendum #4, Dated _____________ Addendum #5, Dated _____________ Addendum #5, Dated _____________

Bid Form II

BIDDER INFORMATION & STATEMENT OF QUALIFICATIONS

The following information is provided as evidence of the bidder’s qualifications to perform work, as bid upon, in accordance with the contract specifications. All questions must be answered. Additional data may be submitted on separate, 8.5 x 11 inch attached sheets.

BIDDER IDENTIFYING INFORMATION:

Company Name: __________________________________________________________________________ Main Office Address: _______________________________________________________________________ Official Mailing Address: ____________________________________________________________________ Contact Person: ____________________________________________________________________________ Telephone Number: _____________________________ Fax Number: _______________________________ E-Mail Address: ___________________________________________________________________________

The named organizational entity submitting this Proposal is (check one):

Proprietorship Partnership Corporation

REFERENCES & OTHER:

1. List any work the firm has failed to complete, where and why:

2. Please identify five contracts, which are similar in size and scope to the proposed contract, in which you have performed work, preferably contracts held with Massachusetts municipalities. Include a contact name, address and phone number. Needham Public Schools reserves the right to contact these vendors for references:

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________

4. ___________________________________________________________________________________

5. ___________________________________________________________________________________

OTHER INFORMATION:

1. Has the proposal been signed by a person legally authorized to commit the Bidder (Company) to the contract, if awarded? Yes No

2. Has the Bidder placed any special conditions or restrictions in its Request for Proposals? Yes No (A yes response may be cause of rejection.) If yes, provide details or a reference to the applicable section of the bid response, on an attached sheet.

3. Has the Bidder identified any and all exceptions to the Town’s specifications and are they included in the submission? Yes No If yes, provide details or a reference to the applicable section of the bid response, on an attached sheet.

4. Is the Bidder prepared to provide the insurances as required? Yes No

5. Will the bidder be able to complete the services under this contract by the indicated date? Yes

No

6. Is the Bidder prepared to execute the Town’s contract if awarded? Yes No

7. Has the Bidder (Company) ever been debarred from doing business with any federal, state or local agency? Yes No If yes please provide the details (on a separate paper attached to this form) including agency name, date and reason for debarment.

8. Has the Bidder (Company) ever defaulted on a contract or has been rejected as non-responsive within the past five years? Yes No If yes please provide details.

9. Has the Bidder (Company) or anyone a party to the proposed contract ever failed to complete a contract awarded? Yes No If yes, provide details.

10. Can the Bidder (Company) provide, upon request, proof of financial solvency? (The Town may request audited financial statements, financial references, and/or conduct an independent background check)?

Yes No

SIGNATURE/ ACKNOWLEDGEMENT:

This section must be signed by an individual with the authority to commit the bidding entity to a binding agreement. If the Bidder is an individual, this section must be signed by the Bidder, personally. If a partnership, the Bid must be signed by the name of the partnership, followed by the signature of each partner. If a corporation, the Bid must be signed by an authorized officer, whose signature shall be attested by the Secretary of the Corporation and the Corporate Seal affixed (see Bid Form V.)

The undersigned assures that this bid is made in good faith, without fraud, collusion, or connection of any kind with any other bidder for the same work. Additionally, the undersigned assures that he/she has informed himself/herself fully of the information presented in the IFB and that he/she has made his own examinations and estimates and from them makes this Bid.

The undersigned also understands that the School Committee reserves the right to waive any informalities in, to reject any and all bids, or any part thereof, and/or accept any bid or part thereof, or to select a bidder whose bid is not the lowest, which it considers to be in the best interests of the Needham Public Schools and the Town of Needham.

With the above understanding, the undersigned proposes to comply in all respects with the specifications of this IFB and that, if awarded this contract, he/she will execute a contract within sixty business days, after presentation by the awarding authority, in accordance with the terms of this Bid.

Signature of Bidder *: ______________________________________________________________________

Name of Bidder: ___________________________________________________________________________

Title of Bidder: ___________________________________________________ Date: __________________

* If a partnership, additional partners should sign below:

Signature: _________________________________ Signature: _________________________________

Name: ____________________________________ Name: ___________________________________

Date: _____________________________________ Date: ____________________________________

Signature: _________________________________ Signature: _________________________________

Name: ____________________________________ Name: ___________________________________

Date: _____________________________________ Date: ____________________________________

Bid Form III Needham Public Schools

Purchase of Two (2) Retrofitted Pupil Transportation Vans Bid Specifications/Bid Specification Exception Form

The contractor shall provide vehicles, which shall be constructed, equipped and conform with the applicable laws and regulations of the Federal Department of Transportation, The Massachusetts Department of Transportation, the Massachusetts Minimum Standards for Construction of School Buses (540 CMR 7.00) and the General Laws of the Commonwealth of Massachusetts, in particular, but not limited to, the following sections of Chapter 90:

• Section 1: Definitions

• Section 7A: Rules and Regulations for Periodic Inspections of Motor vehicles:

7D Vehicles; Fees

• Section 7B: Equipment and Operation of 7D Vehicle

• Section 7C: Minimum Standards for Construction and Equipment of 7D Vehicle

Specification: Minimum Requirements (Indicate “Yes or “No” ) 2020 Vans Door-Entrance: 60/40 Side Cargo Doors Back Up Sensors Back Up Camera 2 Additional Keys (FOB) Front & Rear Air Conditioning and Heat Child Checkmate System or comparable system

AM/FM/CD, Power Group White Exterior Color Limited Slip Rear Axle Day Time Running Lamps Back Up Alarm 3 – 2 Passenger Rigid Seat w/ 3pt Integrated Shoulder Belt And Car Seat Anchor

2 – Single Passenger Rigid Seat 3PT w/Integrated Shoulder Belt And Car Seat Anchor

36” Perforated Steel Powder Coated Driver’s Side Step – No Mesh

86” Perforated Steel Powder Coated Passenger Side Step – No Mesh

7D Equipment Including – 2A10BC Fire Extinguiser w/ hose (Mounted), 2 Chock Blocks, Seatbelt Cutter, Body Fluid Contain Kit, 3 Triangle Reflector Kit, Roof Mounted School Bus Sign With Flashing Lights, Stop Arm Assembly With Red Alternating Lights 12volt – Interior two way indicator of bus lights activated

Steel Grab Pole Behind Front Passenger Seat Tinted Windows Side And Rear – Factory Tinted Windshield

5.5” Vinyl Lettering On Both Sides Of Vehicle

“ NEEDHAM PUBLIC SCHOOLS”

3.5” Vinyl Lettering On Rear Door

“UNLAWFUL TO PASS WHEN LIGHTS

ARE FLASHING”

3.5” Vinyl Numbers On Driver Side Windshield “1” And “2” And The Passenger Rear Window. Note-One Van Is Number 1 And One Van Is Number 2

Vans Must Be Registered As SPN In Massachusetts, With Applicable 7D And MA State Inspection Stickers Upon Delivery

Engine: 6cyl Engine Transmission: Automatic 6 Spd Transmission The Vans Should Be Numbered: One Van Number 1, And One Van Number 2, In Four Locations (Drivers Side Windshield, Rear Window Passenger Side, Front Driverside Quarter Panel, Front Passenger Quarter Panel)

“NEEDHAM PUBLIC SCHOOLS” Must Be Lettered On Both The Sides Of The Vans.

“OWNED AND OPERATED BY TOWN OF

NEEDHAM MA” Must Be Lettered On Both Sides Of The Vans – 1” Lettering

Bidders Must Accept The Following Vans for Trade In:

1- Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 54,864 2- Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 61,572

Vans Shall Be Under Manufacturer’s Warranty For a Minimum of 3 years/36,000 miles.

Power Train Warranty 5/years/60,000 miles.

Signature of Bidder: __________________________________________________________________

Name of Bidder: _____________________________________________________________________

Title of Bidder: ______________________________________________________________________

Date: __________________________________________

Bid Form IV

Bid Price Proposal - Purchase of Two (2) Retrofitted Pupil Transportation Vans

The undersigned proposes to bid for the furnishing, delivery, and installation and set up of Two (2) Retrofitted Pupil Transportation Vans in accordance with the scope of services and specifications herein. This price proposal form is to be signed by an individual authorized to negotiate for and commit the Proposer to a binding agreement. The bid price indicated on this form shall be construed to cover all costs incurred by the contractor in the performance of this contract, including furnishing, delivery, installation and set up. All bid prices are to be indicated in ink (or typewritten), and written in both longhand and numerals. If there appears to be a discrepancy between these figures, the price indicated in longhand shall prevail.

Company Name: __________________________________________________________________________

I. BID PRICE

TOTAL COST OF TWO (2) 7D Vehicles, 7D equipment installed and set up, w/ MA registration, delivered to 1330 Highland Avenue Needham, MA 02492 by August 14, 2020:

$_________________________________________________(A)

__________________________________________________________________________ Dollars (Amount in longhand)

TRADE-IN:

Vehicle 1 Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 54,864 Vehicle 2 Year: 2011 Make: Ford Model: Econo Van E150 Current Miles: 61,572

TOTAL TRADE IN ALLOWANCE:

For: 2011 Ford Econo Van E150 Current Miles: 54,864

$__________________________________________________(Vehicle 1)

For: 2011 Ford Econo Van E150 Current Miles: 61,572

$__________________________________________________(Vehicle 2)

Total for Two Trade Ins

$__________________________________________________ (B)

GRAND TOTAL BID PRICE (A)+(B)=C

$______________________________________________(C)

Signature of Bidder: __________________________________________________________________

Name of Bidder: _____________________________________________________________________

Title of Bidder: ______________________________________________________________________

Date: __________________________________________

Bid Form V

CERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS & NON-COLLUSION

I. Certificate of Compliance with Massachusetts Tax Laws:

Pursuant to Mass. Gen. L. Ch. 62C, Sec. 49A, the undersigned, acting on behalf of the Bidder, certifies under the pains and penalties of perjury that, to the best of my knowledge and belief, the Bidder has filed all state tax returns and paid all state taxes required under the laws of the Commonwealth of Massachusetts.

Social Security Number or Signature of Individual Federal Identification Number or Corporate Name

BY:_______________________________________________

Corporate Officer (if applicable)

II. Certificate of Non-Collusion:

Massachusetts General Law, Chapter 701 of the Acts of 1983 requires that bidders certify as follows:

The undersigned certifies under the pains and penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.

Signature of Individual Submitting Bid

Print name of Person Signing Bid

Name of Business or Entity

Date Signed

Bid Form VI

CERTIFICATE OF CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of _______________________________________.

(Name of Corporation) held on ___________________(1), at which all the Directors were present or waived notice, it was voted (Date) that _______________________________________________ of this corporation, be it he or she, hereby is (Name of Officer Authorized to Sign for Corporation) authorized to execute bid documents, contracts and bonds in the name _________________________________

(Corporate Office) and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any bid document or contract or obligation in this corporation’s name on its behalf under seal of the corporation, shall be valid and binding upon this corporation.

ATTEST: _______________________________________________

(Clerk or Secretary)

Place of Business:

I hereby certify that I am the clerk/secretary of the _________________________________________ and that (Name of Corporation)

_______________________________________ is the duly elected (Name of Officer Authorized to Sign for Corporation)

________________________________________ of said corporation, and that the above vote has not

(Corporate Office) been amended or rescinded and remains in full force and effect as of the date set forth below.

ATTEST: ________________________________ Date: _______________ (2) (Clerk or Secretary Date

(1) This date must be on or before the date of the Contract

(2) This date must be on or before the date of the Contract

Affix Corporate Seal Here

APPENDIX A

SHORT FORM AGREEMENT

BETWEEN TOWN AND CONTRACTOR

SHORT FORM AGREEMENT

M.G.L. 30B

Contract #20SCH095G

THIS AGREEMENT for enter description (hereinafter the "Project") is made the_____ day of enter month, 201 , by and between enter name of company a corporation (or partnership, etc.) organized under the laws of the Commonwealth of Massachusetts (or the State of ), with a usual place of business at enter legal address, hereinafter called the Contractor, and the Town of Needham, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts, acting through its School Committee, hereinafter referred to as the Town.

WITNESSETH that the Contractor and the Town, for the consideration hereinafter named, agree as follows:

ARTICLE 1. AGREEMENT DOCUMENTS

The Agreement consists of the following, and in the event of conflicts or discrepancies among them, they shall be interpreted on the basis of the following priorities:

1. This Agreement;

2. The Invitation For Bids, Bid Specifications, Request For Proposals Or Purchase Description;

3. The Contractor's Bid dated enter date;

4. Drawings required for the Project, if applicable and

5. Copies of all required bonds, certificates of insurance and licenses required under the contract;

EACH OF WHICH IS ATTACHED HERETO. These documents form the entire agreement between the parties and there are no other agreements between the parties. Any amendment or modification to this agreement must be in writing and signed by an official with the authority to bind the Town.

ARTICLE 2. SCOPE OF THE WORK

The Contractor shall furnish all supplies, materials and equipment, and perform all labor, services and work shown on the Agreement documents, and the Contractor agrees to do everything required by this Agreement and the documents.

ARTICLE 3. TERM OF AGREEMENT

This Agreement shall be for a term of three year(s), commencing on enter date and ending on enter date, unless sooner completed and subject to annual appropriation. This Agreement shall not be renewed or extended unless provisions for renewal or extension were contained in the Request for Proposals, in which event the Agreement may be extended or renewed at the sole option of the Town, and upon the terms described therein.

Notwithstanding verbal or other representations by the parties, or an earlier start date indicated in an Agreement, the effective start date of performance under an Agreement shall be the date a Contract has been executed by an authorized signatory of the Contractor and the Town, or a later date specified in the Agreement or the date of any approvals required by law or regulation, whichever is later.

ARTICLE 4. THE AGREEMENT SUM

The Town shall pay the Contractor for the performance of this Agreement a sum NOT TO EXCEED $______ [enter amount in words dollars], including all reimbursable expenses. This price takes into consideration the trade in of two vans.

ARTICLE 5. PAYMENT

The Town shall make payment as follows:

a. The Town shall make payment thirty (30) after receipt of an invoice for work performed or materials supplied the previous month.

b. With any invoice the Contractor shall submit evidence satisfactory to the Town that the goods or supplies have been delivered, or that the work has been completed and that all payrolls, material bills and other indebtedness connected with the work has been paid. The billings shall include, if applicable, all charges for consultants, subcontractors, plans, equipment, models, renderings, travel, reproductions, postage and delivery, and all other expenses. There shall not be any markup for overhead, administration or profit for any of the above-listed services.

c. If for any reason the Town makes a payment under this Agreement in error, the Town may recover the amount overpaid or, if applicable, may apply any overpayment to a future installment payment.

d. The Town is not responsible for payment of invoices sent to an address other than specified at the end of this Article. Furthermore the Town is not responsible for any Invoice that does not reference the Town’s Purchase Order number that encumbered the funds to pay for services provided under this Agreement.

e. Invoices for services procured under this Agreement are to be sent to: Attn: manager, title address

ARTICLE 6. PROMPT PAYMENT DISCOUNTS

The Contractor will allow a Prompt Payment Discount for payment made by the Town within the number of days from the date of receipt of the invoice, or the date of the receipt of the product or service, whichever

Prompt Payment Discount % Payment Issue Date w/in Enter Percent % Enter Days

ARTICLE 7. TAX EXEMPT STATUS

The Town represents that it is exempt from federal excise, state, and local taxes, and that sales to it are exempted from Massachusetts sales and use tax. If in the future the Town becomes subject to any such taxes, the Town shall reimburse the Contractor for the tax paid by the Contractor on behalf of the Town. Any other taxes imposed on the Contractor shall be borne solely by the Contractor.

ARTICLE 8. NONPERFORMANCE

In the case of any default on the part of the Contractor with respect to any of the terms of this Agreement, the Town shall give written notice thereof, and if said default is not made good within such time as the Town shall specify in writing, the Town shall notify the Contractor in writing that there has been a breach of the Agreement and thereafter the Town shall have the right to terminate this Agreement and secure the completion of the work remaining to be done on such terms and in such manner as the Town shall determine, and the Contractor shall pay for the completion of such work and reimburse the Town for all expenses incurred by reason of said breach.

The Contractor in case of such breach shall be entitled to receive payment only for work completed satisfactorily prior to said breach, so long as the total paid hereunder does not exceed the Agreement sum, and the amount of any balance due the Contractor shall be determined by the Town and certified to the Contractor.

ARTICLE 9. TERMINATION

In addition to the provisions of Article 8, the Town shall have the right to terminate this Agreement if funds are not appropriated or otherwise made available to support the continuation of the Agreement after the first year.

The Town shall also have the right to immediate termination:

1. Any material misrepresentation made by the Contractor.

2. Any failure by the Contractor to perform any of its obligations under this Agreement including, but not limited to, the following:

i. failure to commence performance of this Agreement at the time specified in this Agreement due to a reason or circumstance within the Contractor's reasonable control;

ii. failure to perform this Agreement with sufficient personnel and equipment or with sufficient material to ensure the completion of this Agreement within the specified time due to a reason or circumstance within the Contractor's reasonable control;

iii. failure to perform this Agreement in a manner reasonably satisfactory to the Town;

iv. failure to promptly re-perform within reasonable time the services that were rejected by the

Town as erroneous or unsatisfactory

v. discontinuance of the services for reasons not beyond the Contractor's reasonable control;

vi. failure to comply with a material term of this Agreement, including, but not limited to, the provision of insurance and nondiscrimination; and

vii. any other acts specifically and expressly stated in this Agreement as constituting a basis for termination of this Agreement.

The Contractor shall have the right to terminate this Agreement if the Town fails to make payment within 60 days after it is due.

ARTICLE 10. EMPLOY COMPETENT PEOPLE

The Contractor shall employ only competent people to do the work. Whenever the Town shall notify the Contractor in writing that any person under the Contractor’s employ is, in the Town’s opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, or not employed in accordance with the provisions of this Agreement, such person shall be discharged from the work and shall not again be employed on the Project, except with the consent of the Town.

ARTICLE 11. CHANGE IN SCOPE OF SERVICES

If this Agreement is pursuant to M.G.L. Ch. 30B, the Town may increase the quantity of supplies or services or both specified in this Agreement provided:

1. the unit prices remain the same or less;

2. the procurement officer has specified in writing that an increase is necessary to fulfill the actual needs of the Town and is more economical and practical than awarding another contract;

3. the Town and Contractor agree to the increase in writing;

4. the increase in the total Agreement price does not exceed 25 percent but a Agreement for the purchase of gasoline, special fuel, fuel oil, road salt or other ice and snow control supplies shall not be subject to this limit; and

5. the Town, with the agreement of the Contractor, may reduce the unit price for supplies or services or both specified in an Agreement to be paid by the Town at any time during the term of the Agreement or when an option to renew, extend or purchase is exercised.

ARTICLE 12. NOTICE

All notices required to be given under this Agreement shall be given in writing and shall be effective upon receipt by hand delivery or certified mail to:

The Town of Needham:

Anne Gulati Assistant Superintendent for Finance and Operations Needham Public Schools

Needham, Massachusetts 02492

The Contractor:

Enter Name & Title Enter Company Name Enter Address Enter City, State, Zip

ARTICLE 13. INSURANCE

1. The Contractor shall, at its own expense, obtain and maintain general liability and motor vehicle liability insurance policies protecting the Town in connection with any operations included in this Agreement, and shall have the Town as an additional insured on the Contractor’s liability policies, as noted in the RFP. General liability coverage shall be in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury liability and $1,000,000 per occurrence and $2,000,000 aggregate for property damage liability. Motor vehicle coverage shall include coverage for owned, hired and non-owned vehicles and shall be in the amount of at least $1,000,000 per person and $2,000,000 per occurrence for bodily injury liability and $1,000,000 per occurrence for property damage liability.

2. In the event this Agreement is for professional services, the Contractor shall carry professional malpractice or Errors and Omissions liability insurance with minimum limits of $1,000,000 per occurrence, $2,000,000 aggregate, with a maximum deductible of $ 25,000.

3. All insurance coverage shall be in force from the time of the Agreement to the date when all work under the Agreement is completed and accepted by the Town. Since this insurance is normally written on a year-to-year basis, the Contractor shall notify the Town should coverage become unavailable or if its policy should change.

4. The Contractor shall, before commencing performance of this contract, provide for the payment of compensation and the furnishing of other benefits by an insurance company duly licensed to do business in accordance with Massachusetts General Laws, Chapter 152, as amended, to all employed under the Agreement and shall continue such insurance in full force and effect during the term of the contract.

5. Certificates and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the contract. Any cancellation of insurance whether by the insurers or by the insured shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the Town at least fifteen days prior to the intended effective date thereof, which date should be expressed in said notice.

ARTICLE 14. INDEMNIFICATION

The Contractor shall indemnify, defend, and save harmless the Town and all of the Town’s officers, agents and employees from and against all suits and claims of liability of every name and nature, including costs of defending any action, for or on account of any injuries to persons or damage to property of the Town or any person, firm, corporation or association arising out of or resulting from any act, omission, or negligence of the Contractor, its subcontractors and its and their agents or employees in the performance of the work covered by the Agreement and/or failure to comply with terms and conditions of the Agreement, but only in respect of such injuries or damages sustained during the performance and prior to the completion and acceptance of the work covered by the Agreement and to the extent such injuries or damages are not covered by the Town’s insurance.

The foregoing provisions shall not be deemed to be released, waived or modified in any…