TOWN OF BARNSTABLE REGULATORY SERVICES DIVISION INVITATION FOR BID MULTIPLE FUEL EFFICIENT VEHICLE LEASE. January 26, 2011

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1 TOWN OF BARNSTABLE REGULATORY SERVICES DIVISION INVITATION FOR BID MULTIPLE FUEL EFFICIENT VEHICLE LEASE January 26, 2011 This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid and all associated documents to check the Town of Barnstable Bid & RFP System ( for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

2 NOTICE INVITATION TO BID TOWN OF BARNSTABLE REGULATORY SERVICES DIVISION Multiple New Vehicle Leases The Purchasing Agent for the Town of Barnstable, on behalf of the Regulatory Services Division, is soliciting bids for the lease of the following vehicles for the term of thirty-six (36) months commencing July 21, 2011, in accordance with Chapter 30B M.G.L: Quantity 2 Midsize Sedans Quantity 8 Midsize Hatchback, with option for 2 additional vehicles Minimum fuel efficiency on vehicles 29 EPA combined fuel economy rating The Town of Barnstable reserves the right to issue multiple awards for this requirement. Specifications and bid forms are available on the Town of Barnstable website at Bid & RFP System. Agent s, 230 South Street, Hyannis, MA Contact Johanna Boucher, Purchasing 02601, telephone number (508) for assistant obtaining bid documents or with any questions, preceding the bid opening, between the hours of 8:00 AM and 4:30 PM, Monday through Friday, excluding holidays. Bids are due no later than February 17, 2011, 2:00 pm, in the Office of the Purchasing Agent. Bids will be opened and read in the Office of the Purchasing Agent, 230 South Street, Hyannis, MA at that time. All bids must be received prior to the opening. The Town of Barnstable reserves the right to reject any or all bids when it deems to be in the best interest of the Town of Barnstable. This award is subject to a mandatory non-appropriation of funds clause. Contract award will be made by the Town Manager, Town of Barnstable, within 60 days of the bid opening. 2

3 TOWN OF BARNSTABLE GENERAL SPECIFICATIONS A. Attention of all bidders is directed to Chapter 30B of the General Laws of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract. B. The bidder shall submit the bid upon forms furnished by the TOWN. All bids shall be in ink or typewritten and the bid form must be filled out completely. The price shall, without exception, include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the equipment and accessories supplied. C. All bids shall be signed correctly in ink by the individual or in the case of a firm, partnership or corporation, by a person having the legal authority from said firm, partnership, or corporation to sign the bid. D. All bids shall be submitted to the Office of the Purchasing Agent, 230 South Street, Hyannis, MA 02601, on or before the date and time stated in the "Bid Notice". Each bid shall be in a sealed envelope, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the bidder. E. Bid forms shall be completely filled in. Bids which are incomplete, conditional or obscure will be rejected. Use the pages of this document when submitting proposal. F. Bidders may correct, modify or withdraw the original bids on or before the date and time stated in the "Bid Notice". Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. A bidder who wishes to withdraw a bid must make the request in writing. G. A bidder may withdraw a bid after the public opening of the bid only if a mistake is clearly evident on the face of the bid document, but the intended correct answer is not evident. H. Any bid received after the date and time stated in the "Bid Notice" shall not be opened. Unopened bids will be returned to the bidder. I. Bids will be publicly opened and read at the date and time stated in the "Bid Notice". All interested parties are invited to be present. J. No award will be made to any bidder who can not satisfy the Town that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to execute and complete the work successfully within the time named. The owner's decision or judgment on these matters shall be final, conclusive and binding. Conditional bids will not be accepted. K. At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or 3

4 omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid. L. Each bidder shall acknowledge receipt of any and all addendum issued to the invitation for bids by so indicating on the Bid Sheet. Failure to do so shall be cause to reject the bid as being non responsive. M. The contract will be awarded within sixty days after the actual public bid opening date, subject to the availability of funds to the lowest responsive, responsible bidder complying with the conditions set forth in the bid document provided the bid in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it. N. All bids shall be based on delivery of the equipment and its components complete as specified to the Town of Barnstable Offices, 200 Main Street, Hyannis, MA. At the end of the lease term, the leasing company is responsible for picking up the vehicles at this same location at no additional cost to the Town. O. New and unused vehicles and accessories to be supplied under these bids shall be 2011 or 2012 models. The firm/individual shall supply all standard items contained in the manufacturer s published specifications, unless the enclosed specifications call for an optional item to replace the standard item. The manufacturer s published specifications must be included in the bid submitted. All equipment and accessories must meet all Federal, State, and local safety standard P. Payment for the equipment will be processed after final acceptance of the equipment. The bidder will submit an original bill on a monthly basis. The bidder will receive payment 30 days after submission of an approved invoice. Q. The bidder's attention is directed to the fact that all applicable State laws, Municipal ordinances, and the rules and regulations of all authorities having jurisdiction over bid/purchase shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. R. Each bidder must sign and submit a "Certificate of Noncollusion" clause and a "State Tax Certification" clause with the bid sheet. (Forms are attached to Bid Sheet). S. If the services are subsequently deemed to be unsatisfactory to the Town and are in violation of the General and/or Detailed Specifications, the Town shall notify the said bidder. If mutually agreeable arrangements cannot be achieved between the TOWN and the bidder, the terms of the contract will be immediately terminated. T. In the event of tie bids the Contract will be awarded to the Bidder who has most recently supplied the same service/equipment to the Town. If a tie bid still exists the bidder s names will be placed in a container and the name drawn will be awarded the contract. 4

5 U. Bidder is to supply equipment in turn-key condition suitable for its intended operation. All components must function together as an integrated unit. The owner's decision or judgment on these matters shall be final, conclusive and binding. V. Non-Appropriation of Funds Clause - The lease term for the vehicles is to be thirty-six (36) months. Funds have been appropriated for Fiscal Year Future funding for the lease beyond this fiscal year is subject to the yearly appropriation of funding by the Town Council. If the Town does not appropriate funds for the stated purpose of this lease, the contract will be terminated at no additional cost to the Town. W. Lease term to commence upon delivery and acceptance of all vehicles complete at 200 Main Street, Hyannis, MA. KEY DATES FOR THIS INVITATION FOR BID 01/24/2011 Bids available on-line on the Town of Barnstable Bid & RFP System as 3/30/08 Advertise in Cape Cod Time 2/2/11 Advertise in Goods & Services Bulletin 2/11/11 Last day to submit questions to Purchasing Agent 2/17/11 Bids due, 2:00 pm, Purchasing Agent s Office, 230 South Street, Hyannis, MA Public bid opening immediately after bid deadline KEY CONTACT Clarification and questions pertaining to this Invitation for Bid must be requested in writing via to johanna.boucher@town.barnstable.ma.us. Responses shall be likewise furnished. See Key Dates for last day to submit questions. After that date no requests or questions will be accepted. All inquiries are to be directed to: Johanna F. Boucher Purchasing Agent/Contract Compliance Officer Town of Barnstable, Procurement & Risk Management School Administration Building, 3rd Floor 230 South Street Hyannis, MA Phone. (508) Fax: (508) Business Hours: 7:30 a.m. 4:00 p.m. Monday through Friday johanna.boucher@town.barnstable.ma.us 5

6 BARNSTABLE REGULATORY SERVICES DIVISION EQUIPMENT PROPOSAL DETAILED SPECIFICATION TABLE Quantity 2 Midsize Sedans, 4 door Quantity 8 Midsize Hatchback, 5 passenger, with option for 2 additional Minimum fuel efficiency on all vehicles 29 EPA combined fuel economy rating It is the intent of these specifications to describe the minimum requirements for vehicles listed above. The vehicles will be used by the Regulatory Services Division for routine transportation in performing their duties for the Town of Barnstable. These vehicles shall be new, 2011 or 2012 models, in production for over one (1) year, as modified per specifications and approved by the Town of Barnstable. They shall be furnished with all standard equipment advertised even if not specifically called for here, except where the item is replaced by optional over standard equipment of if conflicting equipment is specified. The units shall be complete with all equipment required and ready for immediate operation to function as listed above. All transportation charges shall be included. The units must meet all applicable codes, regulations and standards. Following are the lease requirements of the Town of Barnstable: 1. Lease term - 36 months commencing 7/21/2011. Lease only, to be turned in at the end of the lease term. 2. Yearly mileage allowance 10,000 (minimum). 3. Warranty Repairs any required warranty repairs or recalls are to be performed at a local authorized dealer or service center. 4. No money down, 36 equal monthly lease payments for each lease vehicle on one consolidated monthly billing. 5. Below are the minimum requirements for each vehicle. Please in space allotted that you are meeting the requirement, and if exceeding, provide additional detail. 6. The vehicles to be leased as a result of this Invitation for Bid have been broken down into two (2) requirements. Respondents may reply to one or more of the requirement groups, however, must respond to all items within a chosen requirement. The town may award up to two contracts, however, the Town is not obligated to award all requirements. 7. All vehicles proposed under each requirement must be the same manufacturer and model. 8. There shall be no additional charges for the lease and completion of the lease transaction other than registration fees paid to the Massachusetts Department of Motor Vehicles. 9. The Town of Barnstable will not sign any lease documents that contradict the terms stated herein. 6

7 LEASE REQUIREMENT #1 4 DOOR SEDAN (must be completed and returned with bid) Description of Minimum Bid Equipment Requirements Offer Quantity 2 Yearly Mileage Allotment 10,000 (minimum) Specify Manufacturer Please state Specify Manufacturer s Model # Please state Year New, 2011 or 2012 Body Type 4 door, mid size sedan Vehicle Mileage Minimum 29 mpg EPA combined fuel Economy Rating Seating Minimum - 5 passenger Color Black Transmission Automatic CVT Fuel Type Regular unleaded gasoline or Regular unleaded/electric Brakes 4 wheel ABS, 4 wheel disc power assisted Tires All Season Spare Tire Full size or compact Air Conditioning & Heating Factory installed Power Accessories Minimum Power windows, locks, Driver seat, steering Radio AM/FM with clock with retracting, removable, or in-glass antennae Anti Theft System factory installed 7

8 Glass Tinted glass front and rear, privacy Glass on side windows Entry System Keyless remote Specify Passenger Volume Minimum 100 cubic feet Front Leg Room Minimum 41 inches Rear Leg Room Minimum 38 inches Steering Wheel Adjustable Telescoping Windshield Wipers Variable Speed intermittent Rear Window Defrost Pass Through rear seat Electronic Stability Control Traction Control Rain guards Rain guards required on all door windows Additional features to be included, not stated above: 8

9 LEASE REQUIREMENT #2 4 DOOR HATCHBACK (must be completed and returned with bid) Description of Minimum Bid Equipment Requirements Offer Quantity 8, with option for two additional Yearly Mileage Allotment 10,000 (minimum) Specify Manufacturer Please state Specify Manufacturer s Model # Please state Year New, 2011 or 2012 Body Type 5 Passenger Hatchback Vehicle Mileage Minimum 29 mpg EPA combined fuel Economy Rating Seating Minimum - 5 passenger, 2 front, 3 rear Color Black Transmission Automatic CVT Fuel Type Regular unleaded gasoline or Regular unleaded/electric Brakes 4 wheel ABS, 4 wheel disc power assisted Tires All Season Spare Tire Full size or compact Air Conditioning & Heating Factory installed Power Accessories Minimum Power windows, locks, steering Power Outlets Two (2) 12 volt power outlets Radio AM/FM with clock with retracting, removable, or in-glass antennae Anti Theft System factory installed 9

10 Glass Tinted glass front and rear, privacy Glass on side windows Entry System Keyless remote Specify Windshield Wipers Variable Speed intermittent Steering Wheel Adjustable Telescoping Rear Window Defrost Folding rear seats Electronic Stability Control Automatic off head lamp control Power Accessories Minimum Power windows, locks, steering Rain guards Rain guards required on all door windows Additional features to be included, not stated above: 10

11 GENERAL BID REQUIREMENTS (must be completed and returned with bid) PARTS QUALITY Specify Any and all parts, components and installations not specifically mentioned but necessary to complete the equipment shall be furnished by the successful firm/individual. All parts, components and installation shall conform in strength, quality of material and workmanship to what is provided by good engineering practice. All parts and components shall be of current manufacture and in production at the time of installation. VEHICLE BROCHURES Specify A current brochure must be included with your Bid Submittal for each model that is bid for the above requirements, clearly indicating specific model and features included. MISCELLANEOUS Advertising is not allowed, except for standard manufacture s markings normally on a unit. WARRANTIES All standard Factory, warranties expressed or implied, to begin upon delivery to the Town of Barnstable. Copy of manufacturer's warranty shall be enclosed. MANUALS Owners Manuals to be included REPAIR CAPABILITY The bidder shall have an enclosed repair facility with factory certified mechanics or vehicle must be able to receive warranty work at an authorized dealer/service facility within 25 miles from vehicle delivery location. PARTS AVAILABILITY Normal replacement parts shall be available within 24 hours of order. DELIVERY - July 21, 2011 to 200 Main St., Hyannis, MA SAMPLE OF MUNICIPAL LEASE AGREEMENT Town of Barnstable sample lease document attached. If the bidder would like the Town of consider signing their lease document, a copy should be included with bid submittal. Terms must not conflict with requirements stated herein. 11

12 MANDATORY NON-APPROPRIATION OF FUNDS CLAUSE The lease term for the vehicles is to be thirty-six (36) months. Funds have been appropriated for Fiscal Year Future funding for the lease beyond this fiscal year is subject to the yearly appropriation of funding by the Town Council. If the Town does not appropriate funds for the stated purpose of this lease, the contract will be terminated at no additional cost to the Town. FIRM: ADDRESS: SIGNATURE: NAME (print) TITLE: TELEPHONE: DATE: 12

13 STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. I have addressed any tax liability and am in the process of setting up a plan to satisfy said liability. BY: * Signature of individual or Corporate Officer Corporate Name (Mandatory) (Mandatory, if applicable) **Social Security # or Federal Identification # * Approval of a contract or other Contract will not be granted unless this certification clause is signed by the applicant. ** Your Social Security Number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other Contract issued, renewed, or extended. This RFP is made under the authority of Mass. G.L. 62C s. 49.A. 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 any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. Company Address Signature Name (print) Title Telephone Date 13

14 TOWN OF BARNSTABLE BID SHEET (must be completed and returned with bid) Following are the three requirements. The requirements have been separated in three groups. Bidders may submit bids on Requirement #1 (Sedan); Requirement #2 (Hatchback), or both requirements. Partial bid submittals within groups will be rejected. The Town reserves the right to place up to two (2) separate contracts, and to cancel any or all of the requirements, including partial requirements within groups, if deemed in the best interest of the Town. Bid price for vehicles per attached specifications: Requirement #1 Monthly Lease Total 36 month lease Sedan 1 $ $ (a) Sedan 2 $ $ (b) Subtotal (Sedan 1 and 2) $ (totals a and b above) Confirm delivery date 7/21/2011 Requirement #2 - Monthly Lease Total 36 month lease 5 Passenger Hatchback 1 $ $ (a) 5 Passenger Hatchback 2 $ $ (b) 5 Passenger Hatchback 3 $ $ (c) 5 Passenger Hatchback 4 $ $ (d) 5 Passenger Hatchback 5 $ $ (e) 5 Passenger Hatchback 6 $ $ (f) 5 Passenger Hatchback 7 $ $ (g) 5 Passenger Hatchback 8 $ $ (h) Subtotal (Hatchback 1 thru 8) $ (totals a thru h above) Confirm delivery date 7/21/2011 TOTAL FOR LEASE R EQUIREMENTS 1 & 2 $ (total of 2 highlighted areas above) 14

15 Requirement 1, ADD OPTION (2 ADDITIONAL HATCHBACKS) Monthly Lease Total 36 month lease Option 1 Additional 5 Passenger Hatchback 1 $ $ Option 2 Additional 5 Passenger Hatchback 2 $ $ (Must be same unit price or less than Hatchback 1 through 8 above) Confirm delivery date 7/21/2011 There shall be no additional charges for the lease and completion of the lease transaction other than registration fees paid to the Massachusetts Department of Motor Vehicles. Pricing above is for vehicles as specified, delivered to 200 Main Street, Hyannis, MA Total APR Interest Rate Charged % Excess per mile change (in excess of specified contract amount) The Town of Barnstable is tax exempt - Tax ID Number is Rule for Award: Contract will be awarded to the low, responsive, responsible bidder for the Total 36 month lease price (- see highlighted box) for each Requirement 1 and 2 above plus selected add option vehicles. The Town reserves the right to not award any of the above bid items requirements, if deemed to be in its best interest. The undersigned agreed to provide the lease vehicles bid on above accordance with these specifications prepared by the town of Town of Barnstable dated January 26, 2011, delivered for the lease payments as shown. Successful bidder to handle all registration transactions and registered vehicles are to be delivered to 200 Street, Hyannis, MA on July 21, Vehicles to be picked up at 200 Main Street, Hyannis, MA by the lessor at the end of the 36 month lease term at no additional expense to the Town. The undersigned agrees that if presented with the notice of acceptance for this contract, he will within five business days execute a contract in accordance with the terms of this bid. Receipt of Addendum Number (s) is hereby acknowledged and reflected in the Bid price (s) shown on previous page. The undersigned proposes to furnish awarded lease vehicles in accordance with the specifications prepared by the Town of Barnstable, dated January 26, 2011 for the Bid price (s) shown. The undersigned agrees that if presented with Notice of Acceptance for this Contract, he will within five days, Saturdays, Sundays and legal holidays excluded, execute a Contract in accordance with the terms of this Bid. The Town of Barnstable reserves the right to reject any or all bids and to waive minor informalities as provided under Chapter 30B, M.G.L. 15

16 FIRM: SIGNATURE: ADDRESS: NAME (print) TITLE: TELEPHONE: DATE: All bids must received at the office of the Purchasing Agent, 230 South Street, Hyannis MA prior to the time stated in the Bid Notice. Please mark envelope "Vehicle Lease Bid Required attachments: (1) Certificate of Non-Collusion (2) State Taxes Certification Clause (3) Completed Detailed Specification Table (4) Sample municipal lease agreement attached, if bidder wishes Town to consider signing their lease document, a sample copy shall be included in the bid package. (must contain Non-Appropriation of Funds clause) 16

17 The Town of Barnstable Office of Town Manager 367 Main Street, Hyannis, MA Office: John C. Klimm Fax: Town Manager ACCEPTANCE OF BID is hereby notified that their bid for the lease of vehicles as follows for the Town of Barnstable, Regulatory Services Division, per the specification dated January 26, 2011 in the amount of $, submitted on has been accepted. Vehicles: Please complete the "AGREEMENT BETWEEN CONTRACTOR AND OWNER" and return to the Purchasing Department, 230 South Street, Hyannis, MA John C. Klimm Town Manager 17

18 TOWN OF BARNSTABLE, MASSACHUSETTS AGREEMENT BETWEEN CONTRACTOR AND OWNER SAMPLE CONTRACT THIS AGREEMENT, made this day of, 2011 by and between the TOWN OF BARNSTABLE, MASSACHUSETTS, hereinafter called the owner, and, with legal address and principal place of business at, herein called CONTRACTOR. WITNESSETH: That for and in consideration of payment and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees, with the OWNER, to supply the OWNER with leased vehicles as described below, at a total lease price of $, for delivery to the Town of Barnstable, 200 Main Street, Hyannis, MA 02601, by July 21, 2011 in accordance with the following requirements. Partial delivery will not be accepted. Lease is to commence on the same date for all vehicles. The Bid Specifications entitled General Specifications and Detailed Specifications dated January 26, 2011, for the leased vehicles and the Bid, are made a part hereof and collectively evidence and constitute the Contract. The LESSEE agrees to carry the appropriate automobile insurance for lease vehicles. The vehicles listed below are to be leased for a term of thirty-six (36) months from date of delivery and acceptance to 200 Main Street, Hyannis, MA as follows: Quantity Model/Type Monthly Lease Payment Total Lease Payment $ $ Total Lease Payments as follows: /mo. $ Total The OWNER agrees to pay the CONTRACTOR for the performance of the Contract and to make payment in the amount of for the thirty-six (36) month term of this lease, for the vehicles described in the Invitation for Bid documents, subject to the appropriation of funding for this purpose for fiscal years 2013 and The Agreement constitutes the entire Contract and there are no agreements other than those incorporated herein. This Agreement may not be changed, altered, amended, modified, or terminated orally and any such change, alteration, amendment, or modification must be in writing and executed by the parties hereto. Force Majeure - The Contract shall be subject to Force Majeure considerations and in the event that either party hereto shall be prevented from the performance of any act required there under by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonable within the control of the party in performing any obligations shall be excused for the period of nonperformance, and the period for the performance of such obligation shall be extended for an 18

19 equivalent period for no additional cost to the Owner. Continued failure to perform for periods aggregating sixty (60) or more days, even for causes beyond the control of the Contractor, shall be deemed to render performance impossible, and the Owner shall thereafter have the right to terminate this agreement in accordance with the provisions of the section entitled Termination of Contract. Termination of Contract - Subject to the provisions of the section explaining Force Majeure, if the Contractor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Contractor shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice of such failure or violation is received by the contractor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the contractor of such termination and ing the effective termination. Governing Law This contract is governed by the laws of the Commonwealth of the State of Massachusetts. The Contractor/Consultant shall indemnify, defend and hold harmless the Owner, its elected or duly appointed officers, directors date thereof, at least seven (7) days before the effective date of such and employees against liability, losses, damages or expenses (including legal expenses) resulting from any claim based upon negligent or intentional misdeeds or omission of the Contractor/Consultant, its employees or its agents in providing its service to employees of the municipality or their dependants pursuant to the Agreement. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in the year and day first above mentioned. Approved as to form By CONTRACTOR _ OWNER'S ATTORNEY By OWNER This is to certify that the Town of Barnstable, Massachusetts has an appropriation which is adequate to cover the cost of this Contract for Fiscal Year Future funding is subject to appropriation by the Town Council. 19

20 OWNER'S ACCOUNTANT 20