Concord-Public-Concord-Carlisle-Financing-Bid.doc

Concord Public Schools & Concord-Carlisle Regional School District Leasing for Purchase of Nine (9) School Buses Bid Due Date: May 30, 2017, 10:00 AM I GENERAL INFORMATION A General and Requirements The Concord Public Schools & the Concord-Carlisle Regional School District (the “public schools”) are seeking bids from qualified firms to enter into a Five (5) year Lease Purchase Finance Agreement for Nine (9) new school buses This bid falls under Massachusetts General Laws M.G.L Ch 30B The bidder is bidding as to the provision of lease-purchase financing and hereby certifies that, if awarded this bid, bidder shall pay the full purchase price to the equipment vendors(s) a All Bidders should take note that the Lease Purchase Agreement awarded through this IFB is contingent upon the execution of purchase agreement with the supplier of the school buses as well as approval of the School Committees and appropriation of funds by the member towns The public schools intends to award a contract to the most responsible and responsive bidder offering the lowest price Estimated value of the school busses and the corresponding Purchase Contract is in the range of $83,398 to $100,000 per bus, or a total range of $750,582 to $900,000 The school buses will be purchased through the use of an Invitation for Bids The public schools are only seeking bids for financing in order to enter into a lease purchase agreement The execution of any lease agreement is contingent on the successul purchase of the school buses No award will be made without final approval of leasing funds and signature of the Deputy Superintendent The public schools reserve the right to reject any and all bids or proposals if the best interest of the public schools will be served by such action No Subleasing or transferring of the lease will be allowed without prior written approval from the public schools II CONTRACT AWARD AND BID SUBMISSION A Contract Award The public schools intend to award a contract to the most responsible and responsive Bidder that offers the lowest total interest rate for the life of the lease agreement term specified 2 Lease Term The term of the lease purchase agreement awarded from this bid will be One (1) year in length with Four (4) annual renewal options There will be no pre-payment penalty The awarded contract will be in a similar form as the Sample Contract attached to this IFB as Exhibit B If a bidder intends to request any additions, deletions, or modifications to the Sample Contract, the bidder must make that request in writing and include the request with the bid delivered to the public schools B Questions and Addenda Questions regarding the IFB should be in writing and delivered via email to: School Business Office Attn: John Flaherty, Deputy Superintendent & Matthew Wells, Senior Business Analyst jflaherty@concordps.org mwells@concordps.org All inquiries related to the requirements should prominently refer to “School Bus Lease”, and the bid opening date In order to be considered, questions must be made in writing and received by the School Business Office no later than May 25, 2017 at 4:30 P.M Responses to inquiries will be in the form of a numbered addendum to the specifications issued by the School Business Office and sent to all parties listed in the bid file as Bidders(s) holding the bid documents Bidders should base responses only on the specifications including any addenda PLEASE NOTE that all addenda should be acknowledged in the bid response when submitted Failure to acknowledge any addendum may cause rejection of a bid response per Massachusetts General Laws C Required Forms The Vendor understands that the following documents included in this bid must be included in the Vendor’s response to this bid If Vendor fails to provide all documents requested below, the bid cannot be considered and will be rejected Required Documents are documents that must be completed and submitted in your bid response package and received at Procurement before the time set for receipt Review your bid response carefully to be sure all requirements are included Unnecessary samples, attachments or other documents not specifically asked for should not be submitted Please enter the firm price in the space provided on your Cost Sheet Required Documents are documents that must be completed and submitted in your bid response package and received at Procurement at or before the time set for receipt The following documents require responses and must be included in the sealed bid response package (See, Exhibit C; Required Documents): Bid Cover Sheet (signed and notarized) Exhibit A, Price Forms Non Collusion/Fraud Form/Conflict of Interest/Certificate of Authority Tax Certification Affidavit (must be notarized) Affirmative Action Sheet Acknowledgement of Any Addenda (If Issued) All Other Documents as Required by this IFB D Submission Format Submission of Bids Bidders are required to submit one (1) original Bid Response and one (1) hard copy Any Bids must be submitted in sealed envelopes each of which shall be clearly identified on the outside as; package “School Bus Lease” The Bid envelope shall be placed inside a single container (box, envelope, etc.) clearly identified on the outside as Vendor’s name; package marked “School Bus Lease”, with bid opening date The proposal shall be delivered to the address below: Concord PS/Concord-Carlisle RSD Ripley Building Attention: John Flaherty, Deputy Superintendent 120 Meriam Road Concord, MA 01742 Bidder forms shall be completed in ink, computer or by typewriter Bids by corporations shall be executed in the corporate name by the president or other corporate officer accompanied by evidence of authority to sign and attested by the secretary or an assistant secretary, the corporate address and state of incorporation shall appear below the signature Bids by partnerships shall be executed in the partnerships name and signed by a partner, whose title shall appear under the signature The official address of the partnership shall be shown below the signature Bids by joint ventures shall be similarly executed by all joint venture partners All names shall be typed or printed below the signatures Each bid submitted should contain an acknowledgment of receipt of all addenda The address to which communications regarding the proposal are to be directed shall be shown A Bidder may correct, modify or withdraw its proposal by written notice received by the public schools and the address specified above prior to the time and date specified for receipt of bids After such time, a Bidder may not change its proposal in a manner prejudicial to public schools or fair competition All submitted Bid pricing will be held firm by the public schools for a period of not less than Ninety (90) days The public schools shall notify the selected Proposer within the time for acceptance specified above The selected Bidder will be required to sign a contract with the public schools (See Contract Form in Exhibit B), consistent with this bid proposal, within ninety (90) days of receipt of notice of award Inclusion of any conditions in a proposal response to this bid proposal, which deviate from this bid proposal, shall be cause for rejection of the proposer’s response to this bid proposal 6 Bid responses must be received by 10:00 AM EST on May 30, 2017 Bid responses received after the bid opening time will not be accepted Bids delivered to any other office or location will be rejected as non-responsive If at the time of the scheduled IFB opening, the public schools are closed due to uncontrolled events such as fire or building evacuation, the IFB opening will be postponed until 10:00 AM on the next normal business day IFB’S will be accepted until that date and time All blank spaces on the proposal page and questionnaire page of this specification must be correctly filled in Either a unit price or a lump sum price must be stated for each and every item, either typed or written in ink, in figures, and if requested, in words E Compliance with the Law The bidder shall at all times observe and comply with all laws, ordinance and regulations of the Federal, State, Local and Public schools Government, which may in any manner affect the preparation of proposals of the performance of this contract F Submittal of any other documents, letters, etc., unless requested as part of this specification, will be considered informal and not part of the contract G A bidder may take exception on the Bid Exception Form to certain sections of the specifications, but under no circumstances will he be allowed to negate the public schools specifications with a counter-proposal III SCOPE OF BID A General The public schools are seeking bids to enter into a Lease Purchase Agreement to finance nine school buses The school buses will be purchased through an invitation for bids This bid specification is for the Lease Purchase only The estimated cost of the school buses is in the range of $83,398 to $100,000 per bus, or a total range of $750,582 to $900,000 B Lease Information The public schools are seeking a Five (5) year Lease Purchase Finance Agreement The Structure of the Contract will be for One (1) year with Four (4) additional renewal years for each year of the Lease Purchase Agreement The public schools, upon the school committee’s approval and Concord Public Schools and Concord-Carlisle Regional School District appropriation of funds, will exercise its option to renew the agreement each of the additional Four (4) additional years on the lease 3 The public schools wishes to make Five (5) equal and annual payments on the lease The Annual cost of the lease is to remain FIXED There will be no pre-payment penalty C Award Information The public schools will award to the bidder who offers the lowest price and: Quotes a fixed, numerical interest rate which the public schools may accept up to Ninety (90) days after the opening of bids The public schools are planning to award the school bus bid on July 1, 2017 with delivery of buses to the public schools in August 2017 (5 buses) and October 2017 (final buses) Agrees to Five (5) equal, annual payments for the term of Sixty (60) Months, at the end of which the public schools (Lessee) will own the school buses for no additional cost Includes a lease factor that can be multiplied by the total cost of the school buses to produce the cost figure of each annual payment amount There will be no prepayment penalty in the contract D Sample Contract Terms The following are examples of some of the terms of the Purchase Lease the Vendor will be required to sign if awarded a contract All bidders should review both these terms and the Sample Contract (Exhibit “B”) If a bidder intends to request any additions, deletions, or modifications to the Sample Price Agreement, the bidder must make that request in writing and include the request with the bid delivered to the Public schools The Vendor certifies and warrants that the Vendor has not engaged in any conduct nor is the Vendor aware of any conduct on the part of others that would constitute a violation of conflicts of interest laws regarding the award of this contract or the products or services or proceeds to be provided under this contract The Vendor shall comply with Affirmative Action/Equal employment opportunity requirements, MBE/WBE requirements, and Laws prohibiting unlawful discrimination The Vendor shall defend, indemnify, and hold harmless the public schools from all damages of any kind based on the acts or omissions of the Vendor and the Vendor’s agents, employees, and sub-Vendors, including arising from or caused by the use of any materials, goods, or equipment of any kind and including any services performed Vendor shall comply with all state and local laws and regulations in order to provide the services contemplated in these specifications Vendor will be required to obtain and pay for all permits required 6 It is understood that neither this contract nor any representation by any employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract E Default The public schools may, by written notice of default to the Vendor, terminate this contract in whole or in part in any one of the following circumstances: i Vendor fails to perform the services within the time specified herein or any extensions thereof; or ii Vendor fails to perform any of the other provisions of this contract, or so falls to make progress as to endanger the performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such other period as the Chief Procurement Officer may authorize in writing) after receipt of notice from the Chief Procurement Officer specifying such failure iii In the event the Chief Procurement Officer terminates this contract in whole or in part, the public schools may procure, upon such terms and in such manner as the Chief Procurement Officer may deem appropriate, supplies or services similar to those so terminated, and the Vendor will be liable to the public schools for any excess costs for such similar supplies or service, provided that the Vendor continues the performance of this contract to the extent not terminated under the provisions of this section iv The Vendor will not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the contract was due to causes beyond the control of and not as a result of the fault or negligence of the Vendor F Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of will be decided after a hearing by the Chief Procurement Officer, who will reduce his decision to writing and mail or otherwise furnish a copy thereof to the Vendor The decision of the Chief Procurement Officer will be final and binding IV PAYMENT AND INVOICING A The public schools is exempt from paying Manufacturer's Excise, Floor or Sales Tax and for that reason, the bid price will not include any tax on the item(s) specified The public schools will furnish a signed exemption form covering the tax, if any, applying to the item or items covered by these specifications, as required by law B All Vendor invoices must be submitted in complete fashion with all items recorded including purchase order numbers, date location, materials and equipment supplier invoices C The Vendor selected will be required to provide the public schools with the name of a designated person to answer any billing inquiries D Invoice Address Invoices should be sent to: Concord Public Schools/Concord-Carlisle Regional School District Attn: John Flaherty, Deputy Superintendent 120 Meriam Road Concord, MA 01742 E Scheduled Payments will be made by the awarded leasing company to the awarded Vendor(s) within (30) days after the equipment has been delivered, inspected, accepted, and approved by the Chief Procurement Officer in conjunction with the ordering department's representative assigned to equipment purchases Exhibit A Third Party Financing Terms & Conditions of Agreement THE DATA IN THIS DOCUMENT INFORMS THOSE REVIEWING THE BID ABOUT THE LEASE OPTION FAILURE TO INCLUDE THIS DOCUMENT WITH YOUR BID MAY PRECLUDE THE PUBLIC SCHOOLS FROM TAKING YOUR BID (type or print name of firm) Description of Vehicle: Four (4) New 81+ Passenger Type D Front Engine School Buses Five (5) New 77+ Passenger Type D Front Engine School Buses Estimated Cost of Equipment: Range of $83,398 to $100,000 per bus, or a total range of $750,582 to $900,000 Offers to provide financial services to lease the goods at the costs offered in this bid by (Name of sales firm): ESTIMATED FIRST LEASE PAYMENT DUE DATE: November 1, 2017 The primary and secondary contact officers of this firm who are authorized to communicate with the Concord Public Schools and the Concord-Carlisle Regional School District regarding this transaction are: (type or print name and title) (type or print phone & fax numbers) (type or print name and title) (type or print phone & fax numbers) LEASE PRICING SHEET The bidder offers the following fixed, numerical, interest rate: ( _) The following lease factor can be multiplied by the principal amount and the product will be the amount of each of the Five (5) equal payments: ($ ) The firm agrees to submit a form of Lease / Purchase Agreement with this bid that conforms to Massachusetts General Laws, Chapter 30B That form of agreement includes the following terms & conditions: a Title shall pass to Lessee at the inception of the contract term with the Lessor noted as first lien holder Lessee will gain title free of all liens at the end of the contract term and upon making all required lease / purchase payments b A down payment shall not be required except for any specification of the bid regarding initial installment or advance payment to be paid upon delivery and acceptance All payments are to be level over the life of the contract Any other costs or fees are the sole responsibility of the bidder c The Lessee shall have the option to terminate the contract and acquire the equipment on any payment date at any time throughout the lease / purchase term without penalty d This will be a net transaction, whereby maintenance, insurance, taxes, if any, and compliance with applicable laws and similar expenses shall be the responsibility of the Lessee e All equipment manufacturer or vendor warranties are to be passed directly to the Lessee under the lease / purchase contract f Acceptance of this bid is subject to the approval of the awarding authority g Certification of Bid, in accordance with Chapter 30B, Section 10, is required Appropriation of Funds Clause and Options to Renew Form The bidder understands that the lease-purchase agreement will be in the form of a Concord Public Schools and Concord-Carlisle Regional School District Contract The initial term of the contract will be one year The public schools, at its sole option, will upon the school committee’s approval and appropriation of funds, renew the contract for a second, third, and fourth year It is incumbent upon the Lessor and any assignees to complete and return required documents to the public schools business office Date: /2017 _ (Signature of bidder) _ (Print or type name and title of person signing bid) Business Address: Telephone: Fax: E-Mail Address: _ Description of Equipment: Four (4) New 81+ Passenger Type D Front Engine School Buses and Five (5) New 77+ Passenger Type D Front Engine School Buses Cost of Equipment: Range of $83,398 to $100,000 per bus, or a total range of $750,582 to $900,000 Per the attached bid specifications NON-COLLUSION As per Chapter 30B, Section 10, any person submitting a bid for the procurement of goods or services to any governmental body shall certify in writing, on the bid or bid, as follows: The undersigned certifies under penalties of perjury that his/her bid 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: PRINTED NAME: _ COMPANY: DATE: CERTIFICATE OF TAX COMPLIANCE MASS GENERAL LAWS, CH 62C, S: 49A(b) I hereby certify that I have complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding of child support Signed under the pains and penalties of perjury: (1) Individual Contractor _ (Contractor’s Name and Signature) Social Security Number _ (2) Corporation, Association or Partnership (Contractor’s Name) Federal Tax ID Number, or Social Security Number _ By: _ (Authorized Signature) Note to Contractor: Please sign at (1) or (2), whichever applies CHAPTER 62C ADMINISTRATIVE PROVISIONS RELATIVE TO STATE TAXATION Chapter 62C: Section 49A Certification of compliance with tax laws as prerequisite to obtaining license or governmental contract Section 49A (a) Any person applying to any department, board, commission, division, authority, district or other agency of the commonwealth or any subdivision of the commonwealth, including a city, town or district, for a right or license to conduct a profession, trade or business, or for the renewal of such right or license, shall certify upon such application, under penalties of perjury, that he has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support Such right or license shall not be issued or renewed unless such certification is made (b) No contract or other agreement for the purposes of providing goods, services or real estate space to any of the foregoing agencies shall be entered into, renewed or extended with any person unless such person certifies in writing, under penalties of perjury, that he had complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support (c) Any such agency, which has been notified by the commissioner pursuant to section forty-seven A that a person who holds a license or certificate of authority issued by such agency or who has agreed to furnish goods, services or real estate space to such agency has neglected or refused to file any returns or to pay any tax required under this chapter and that such person has not filed in good faith a pending application for abatement of such tax or a pending petition before the appellate tax board contesting such tax or has been penalized pursuant to section of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support, shall refuse to reissue, renew or extend such license, certificate of authority, contract or agreement until the agency receives a certificate issued by the commissioner that the person is in good standing with respect to any and all returns due and taxes payable to the commissioner as of the date of issuance of said certificate, including all returns and taxes referenced in the initial notification or, if the licensee has been penalized for failure to comply with the provisions relating to reporting of employees and contractors under chapter 62E or withholding and remitting child support under chapter 119A, a certificate issued by the commissioner that the licensee is in compliance with said provisions (d) Any person who owns or leases a motor vehicle or trailer that is required to be registered in the commonwealth under chapter 90 and improperly registers the motor vehicle or trailer in another state or misrepresents the place of garaging of the motor vehicle or trailer in another city or town, shall be considered in violation of laws of the commonwealth relating to taxes under chapter 60A, chapter 64H or chapter 64I The right, license or contract provided for in subsections (a) and (b) shall not be issued or renewed until the person or business entity has paid all taxes due at the time of application for such right, license or contract (e) Any person who, for the purpose of evading payment of a tax pursuant to chapters 59 to 64J, inclusive, willfully makes and subscribes any return, form, statement or other document pursuant to subsection (a), (b) or (d) that contains or is verified by a written declaration that is made under the penalties of perjury, and that contains information that he does not believe to be true and correct as to every matter material to his compliance with all laws of the commonwealth relating to taxes, shall be subject to section 73 CERTIFICATE OF AUTHORITY CORPORATE- MEETING OF BOARD OF DIRECTORS At a meeting of the Board of Directors of duly called Corporation and held at _on the day of _, 20 , Location at which a quorum was present and acting, it was voted that _ Name the of this corporation; and that he/she is hereby Title/Position authorized to execute contracts in the name and on behalf of said company, and affix it’s corporate seal thereto; and such execution of any contract or obligation in this company’s name on its behalf by such, under seal of this company shall be valid and binding upon this company I hereby certify that the above is a true and correct copy of the record, that said vote has not been amended or repealed and is in full force and effect as of this date, and that _ is duly elected of this Corporation _ Clerk or Secretary of the Corporation _ Date Certificate of Corporate Bidder CERTIFICATE OF CORPORATE BIDDER I, _, certify that I am the _ of the Corporation named as Bidder in the attached Bid Form; that , who signed said Bid Form on behalf of the Bidder was then _ of said Corporation; that I know his/her signature hereto is genuine and that said Bid Form was duly signed, sealed and executed for and on behalf of its governing body (Corporate Seal) Name of Bidder Address of Bidder _ Telephone Number By: _ (Signature) _ Printed Name Printed Title _ Date This Certificate shall be completed where Bidder is a Corporation and shall be so completed by its Clerk In the event that the Clerk is the person signing the Bidder on behalf of the Corporation, this certificate shall be completed by another officer of the Corporation CERTIFICATE OF AUTHORITY SOLE PROPRIETOR I, _ as a Sole Owner of my Business, Name Business certify that I am authorized to enter into a contract with the Concord Public Schools and the Concord-Carlisle Regional Schools on behalf of myself I have set my hand as the Sole Owner of the Business this _ day of _, 20 _ Day Month Year _ Sole Owner Signature CERTIFICATE OF AUTHORITY PARTNERSHIP I, , a Principal of , hereby certify that: Name Partnership (1) I am a Principal of , a partnership (the "Partnership"); Partnership (2) I maintain and have custody of a copy of the Partnership Agreement of the Partnership and a list of the General Partners and Principals of the Partnership assigned; (3) I am duly authorized to issue certificates with respect to such Partnership Agreements and such General Partners and Principals; (4) I have attached hereto as Certificate Exhibit A, a true, accurate and complete excerpt of the relevant provision of the Partnership Agreement of the Partnership setting forth the authority of a Principal of the Partnership to enter into and sign agreements in the name of and on behalf of the Partnership; (5) _, is on the date hereof, and since or before _, 20 _has been, Name Month Year a Principal of the Partnership as referred to in Certificate Exhibit A attached hereto; (6) As a Principal of the Partnership she/he is fully authorized on behalf of and in the name of the Partnership to enter into and to take any and all actions to execute, acknowledge and deliver the contract with the Concord Public Schools and the Concord-Carlisle Regional Schools, providing for the performance by the Partnership of certain management consulting services, and any and all documents, agreements and other instruments (and any amendments, revisions, or modifications thereto) as she/he may deem necessary, desirable or appropriate to accomplish the same; (7) The signature of , as Principal of the Partnership affixed to any instrument or Name document described in or contemplated by the preceding paragraph shall be exclusive evidence of the authority of said Principal to bind the Partnership thereby; (8) The excerpt of the Partnership Agreement of the Partnership attached as Certificate Exhibit A has not been revoked, annulled, or amended in any manner whatsoever and remains in full force and effect as of the date hereof; (9) The following persons, whose signatures appear below, have been duly appointed or assigned to and now occupy the positions indicated below in the Partnership: _ Signature of Partnership Representative Partnership Representative Name & Title _ Signature of Partnership Representative Partnership Representative Name & Title Conflict of Interest Statement The Bidder hereby certifies: I hereby certify that the Bidder understands that the Massachusetts Conflict of Interest Law, Chapter 268A of the Massachusetts General Laws, applies to the Bidder with respect to the transaction outlined in the Invitation for Bids I also certify that the Bidder understands that the Bidder, his/her/its officers, employees, agents, subcontractors, and affiliated entities, shall not participate in any activity which constitutes a violation of the Massachusetts Conflict of Interest Law or which creates an appearance of a violation of the Massachusetts Conflict of Interest Law Name of Bidder Address of Bidder _ Telephone Number By: (Signature) Printed Name _ Printed Title _ Date