Town of Barnstable. Request for Proposal. FOR THE LEASE OF GOLF CARTS FOR THE GOLF DIVISION At OLDE BARNSTABLE FAIRGROUNDS GOLF COURSE

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1 Town of Barnstable Request for Proposal FOR THE LEASE OF GOLF CARTS FOR THE GOLF DIVISION At OLDE BARNSTABLE FAIRGROUNDS GOLF COURSE Issued: October 22, 2012 (DRAFT RFP Due date: No later than 11/16/12, 2 pm All potential bidders are required to be registered on the Town of Barnstable Bid & RFP System at This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid document 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 The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document or documents obtained from a source other than the Town. 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 TABLE OF CONTENTS Page Number I INTRODUCTION AND BACKGROUND 3 A. Background 3 II. KEY DATES FOR PROPOSAL 3 III. PROPOSAL INSTRUCTIONS 4 A. Instructions to Proposers 4 B. Pre-proposal Conference and Site Visit 6 C. Questions and Clarifications 6 D. Notification of Award 7 E. Lease 7 F. Termination of Lease 7 G. Insurance Requirements 7 H. Licenses and Permits 9 I. Town Monitoring 9 J. Subcontracting of Services 9 K. Minority/Women Owned Business Participation 9 IV. PROPOSAL REQUIREMENTS 11 A. Minimum Requirements 11 B. Technical Specification 12 C. Proposal Submittal Forms 14 D. Invoices 14 V. PROPOSAL EVALUATION 14 Minimum Evaluation Criteria 15 Comparative Evaluation Criteria 15 VI. PROPOSAL SUBMISSION REQUIREMENTS 17 APPENDICES A. Submission 17 B. Non-price Proposal 17 C. Price Proposal 17 D. Contact Information 17 APPENDIX A Certificate of Non-collusion 18 APPENDIX B State Taxes Certification Clause 19 APPENDIX C Price Proposal Worksheet 20 APPENDIX D References Form 22 APPENDIX E Lease 24 APPENDIX F Legal Advertisement 25 2

3 SECTION I. INTRODUCTION AND BACKGROUND The Purchasing Agent of the Town of Barnstable (the Town) on behalf of the Golf Division is soliciting proposals for a thirty-six (36) and sixty (60) month lease of sixty-six (66) new, model year 2013, gasoline powered golf carts, equipped with attached roof, bi-fold windshield, and tow package. The bidder will be required to submit pricing for both of these options. Included at no additional charge with leased carts are to be ten (10) utility carts. Funding for this lease beyond Fiscal Year 2013 is subject to the appropriation of funding for this purpose. The Town will award a sixty (60) month lease to the responsive and responsible proposer that best meets the Town s needs, taking into account proposal quality and price. This will be contingent upon obtaining the approval of the Town Council to go beyond thirty-six (36) month lease duration in accordance with Massachusetts General Law. If approval is not received, the award will be made for a thirty-six (36) month lease, to the responsive and responsible proposer that best meets the Town s needs, taking into account proposal quality and price. Determination of lease duration will be resolved prior to entering into a lease agreement. Therefore, each proposer must submit an unconditional price submittal for both a thirty-six (36) and sixty (60) month lease period. Failure to submit both is grounds to reject proposal as non-responsive. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all leases must be strictly awarded in accordance with the requirements of the Request for Proposal. The Town has no discretion under the law to consider proposals that fail to comply with those requirements, except for minor informalities as permitted by MGL Chapter 30B Section 5(f). If it becomes necessary to revise any part of this RFP or otherwise provide additional information, an addendum will be issued to all prospective proposers who received copies of the original request. A. BACKGROUND The Town of Barnstable is located on Cape Cod and has a municipal golf course, Olde Barnstable Fairgrounds Golf Course, located at 1460 Prospect Street, Route 149, Marstons Mills, Massachusetts. The proposed golf carts are for exclusive use at that location. The current sixty (60) month lease is expiring on March 31, Pertinent golf course yearly statistics: 45,000 rounds of golf played 18,163 eighteen hole rounds and 2,855 nine hole rounds played by single cart renters Average time spent per round is 4.5 hours Approximately 3-5 Special Events held per year requiring Special Event Fleet Carts SECTION II. KEY DATES FOR THIS INVITATION FOR BID Key dates for this Proposal October 21, 2012 Request for Proposal Issued 3

4 October 28, 2012 October 31, 2012 November 7, 2012 November 16, 2012 Within 60 days April 1, 2013 Legal Advertisement in the Cape Cod Times Legal Advertisement & Goods & Services Bulletin Last date to submit questions to Purchasing Agent Proposals due, no later than 2:00 pm, Purchasing Agent s Office Notice of Award Deliver Carts to Olde Barnstable Fairgrounds Golf Course SECTION III. PROPOSAL INSTRUCTIONS A. INSTRUCTIONS TO PROPOSERS 1. Attention of all proposers 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 governs the award of this lease. 2. The Town of Barnstable may cancel this RFP, in whole or in part, or may reject all proposals submitted in response, or may procure only some goods and/or services outlined in this RFP whenever such action is determined to be fiscally advantageous to the Town or if it is otherwise in the best interest of the Town. 3. The Town of Barnstable may request that supplementary information be furnished to assure the Town that a proposer has the technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work. 4. No forms are provided by the awarding authority except the Certificate of Non Collusion - Appendix A, the State Taxes Certification Clause - Appendix B, the Price Proposal submission sheet - Appendix C, References Form Appendix D, and the Agreement Between Lessor and Town, Lease - Appendix E. However, all proposals shall be in ink or typewritten and must be completed according to the instructions contained herein. 5. Questions or clarifications rising from these documents shall be submitted to the Town in writing. They should be sent to the individual named in section III, C. They must be submitted in accordance with section II Key Dates for This Proposal. 6. Each proposer shall acknowledge receipt of any and all addendum issued to the Request for Proposal by so indicating in the Cover Letter/General Response. Failure to do so shall be cause to reject the proposal as being non-responsive. 7. The lease will be awarded within sixty (60) days after the actual proposal opening date, subject to the availability of funds to the responsive, responsible proposer complying with the conditions and requirements set forth in the proposal document and further provided that the proposal, in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it. The Town reserves the right to reject any and all proposals. 8. All proposals shall be based on delivery of the equipment and its components to the Golf Course Storage Building located at the Old Barnstable Fairgrounds Golf Course, 1460 Prospect Street, Route 149, Marstons Mills, Massachusetts. 4

5 9. The proposer shall sign the proposal correctly in ink or in the case of an organization, firm, partnership or corporation, a person having the legal authority from said organization to sign the proposal will sign the document. 10. All proposals shall be submitted to the Purchasing Agent, Town of Barnstable, Property Management Division, 230 South Street, Hyannis, MA 02601, on or before the dated and time stated in the Legal Advertisement Appendix F. Each proposal shall be in SEALED envelopes, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the proposer. Sealed Non-price Proposals must be submitted in a separate, sealed envelope from the Sealed Price Proposal. 11. Proposers may correct, modify or withdraw the original proposals on or before the date and time as stated in the Legal Advertisement - Appendix F. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the vendor. Any late correction or modification to the proposal will not be accepted. A proposer who wishes to withdraw a proposal must make a request in writing. 12. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any proposer from any obligation in respect to his/her proposal. 13. It is understood that the Vendor s Proposal to the Town of Barnstable to provide said services and products will remain valid for 90 days past the submission deadline. 14. The proposer 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 municipal finance shall apply to the lease throughout, and they shall be deemed to be included in the lease the same as though herein written out in full. 15. It is understood that the proposer has submitted the Proposal in good faith and has not colluded with any other individuals, firms, or corporations in creating the proposal to subvert the market process. See Certificate of Non-Collusion - Appendix A. 16. All costs involved in preparing the Proposal will be borne by the vendor; the Town will not be liable for any costs associated with the creation of the Proposal. The proposer shall be familiar with all state, local and other laws relating to this type of work and shall obtain all permits, if required and shall pay all expenses for same. 17. All responses are to include a statement that the Proposal is in accordance with this Request for Proposal and that the proposer has read and understands all sections and provisions herein. Exceptions, if any, are to be clearly stated. 18. Proposals, which are incomplete, conditional or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the awarding authority that he/she has sufficient ability and sufficient capital to enable him/her to meet the requirements of these specifications. The awarding authority s decision or judgment on these matters shall be final, conclusive and binding. 19. Any proposal received after the date and time stated in the Legal Advertisement Appendix F, will be deemed non-responsive and shall not be opened. Unopened proposals will be returned to the proposer. 20. The evaluation of the Non-Price Proposals will be conducted by a team/committee appointed by the Chief Procurement Officer with the direction of the Town Manager. The judgment of the evaluators will be based upon the evaluation criteria set forth in this RFP and shall be final. 5

6 21. The Non-Price Proposals will be opened on the date and at the time stated in the Legal Advertisement Appendix F. The name of the person or organization submitting a proposal will be read and recorded. The contents of all proposals will Not be Public until after an award is made. A register of proposals will be completed indicating the name of the proposer and the number of proposal modifications submitted by each proposer. This register may be viewed upon request. The names of the witnesses will also be recorded. The Price Proposals will be opened only after the evaluation has been completed. 22. Any lease resulting from this RFP shall be awarded to the proposer whose Proposal is deemed to be the most Highly Advantageous to the Town of Barnstable. The Town alone will be the sole judge in determining whether a vendor s proposal satisfies the requirements of this RFP and whether or not the Proposal will prove advantageous to the Town. The selected vendor will be under contractual agreement to the Town per the attached lease document. 23. Response to this Request for Proposal acknowledges the vendor's acceptance of all sections and requirements of this document. The Request for Proposal will be written into the successful vendor's proposal as part of the lease. If the vendor s proposal does not comply with the requirements of this request for proposal, or if an item is not understood in anyway, a copy of that section of the request for proposal must then be included in the proposal and all its copies clearly stating the deviation, additions, or other comments. 24. If at any time the lessor is unable to furnish materials or services as ordered by the awarding authority within the Town may order such materials or services from such supplier as who can furnish materials or services and the lessor shall pay to the Town all expenses incurred above the lease price. 25. If services of the lessor are subsequently deemed to be unsatisfactory to the Town and are in violation of these specifications, the Town shall notify the said proposer in writing. If mutually agreeable arrangements cannot be achieved between the Town and the lessor, the lease will be terminated. Notice of termination shall be in writing and notification will be sent by registered or certified mail. Termination will become effective seven (7) days after mailing said notification. 26. New equipment and accessories proposed in this RFP, unless otherwise specified, shall be the manufacturer s latest model and design. Reconditioned equipment and accessories proposed in this RFP shall be within the model years stated and in like new condition. The successful proposer 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 proposal submitted. All equipment and accessories must meet all Federal, State, and Local safety standards. B. PRE-PROPOSAL CONFERENCE AND SITE VISIT There will be no pre-response meeting held. Questions may be directed in writing to the Purchasing Agent as directed below. C. QUESTIONS AND CLARIFICATIONS Questions requiring clarification shall be submitted in writing to the Purchasing Agent, Johanna Boucher, via at johanna.boucher@town.barnstable.ma.us or FAX (508) prior to the date indicated above in Section II, Key Dates, in order to afford the Town adequate time to respond with a correction or additional information prior to the deadline for submission of proposals. Should it be found necessary, a written 6

7 addendum will be incorporated into the RFP and will become part of the lease. Those who have received a copy of the RFP will be notified of such changes. D. NOTIFICATION OF AWARD All proposers will be notified of the selection decision within 60 days of the date proposals are due to the Town unless otherwise notified by the Town. In no case will the award be made beyond 90 days unless the vendor agrees to extend the period of time in which the proposal is valid. E. LEASE This Request for Proposal, as well as the selected vendor's proposal, and any addenda to that proposal will become part of the final lease. The lease the Town will sign is attached as Appendix E. The lease period will be for the terms as written in the Legal Advertisement document included in Appendix F. Firm pricing limits to be established and bound as part of price portion of proposal based on evaluation committee determination. This must be in the price proposal to be considered. The lease 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 reasonably within the control of the party in performing any obligations shall be excused for the period of the non-performance, and the period for the performance of such obligation shall be extended for an equivalent period for no additional cost to the Municipality. In the event that the extension is not possible, the provider may be required to rebate the Municipality a portion of the fee, which represents the period, which equals the non-performance period correlating to a daily rate after converting the monthly fee rate to a daily rate. F. TERMINATION OF LEASE Subject to the provisions of the section explaining Force Majeure, if the Lessor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Town 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 lessor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the lessor of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. G. INSURANCE REQUIREMENTS 1. Indemnification - Contractor will defend, indemnify and hold harmless the Town of Barnstable and its employees against any and all claims for damages on account of bodily injury, including death, property damage, personal injury, and advertising injury by any act or omission due to negligence of the Contractor, subcontracts, its agents, or employees during the term or any extension of the resultant agreement, and in case of any action or actions or other legal proceedings shall be brought or instituted against the 7

8 Town of Barnstable on account of any such claims, Contractor shall defend, indemnify and hold harmless the Town of Barnstable. 2. General Insurance - The Contractor shall, before commencing performance of the contract, be responsible for providing and maintaining insurance coverage in force for the life of the contract of the kind and in adequate amounts to secure all of the obligations under the contract and with insurance companies acceptable to the Town of Barnstable. All such insurance carried should not be less than the kinds and amounts designated herein, and the Contractor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Contractor to any such kinds and amounts of insurance coverage. Under all insurance coverage, required or not required by the Town, the Contractor shall defend, indemnify, and hold harmless the Town of Barnstable, its elected or duly appointed offices, directors and employees against any claim based upon negligent, accidental or intentional acts or omissions of the contractor, its employees or its agents in providing its services to employees of the municipality or their dependants pursuant to the agreement. With the exception of Professional Services Liability for architects, designers and engineers, and Worker s Compensation, the Town of Barnstable and its employees must be named as an additional insured and a certificate of insurance will be provided indicating such for each of the insurance policies or surety bonds obtained pursuant to the requirements established by the issuance of the contract. Upon execution of the contract the Contractor will provide copies of certificates of insurance to the Town of Barnstable, Procurement & Risk Management. Failure to provide and continue in force such insurance as aforesaid may be deemed a material breach of this contract, and may constitute sufficient grounds for immediate termination of the same. All insurance maintained as provided for in the above shall be taken out and maintained at the sole expense of the Contractor. Annually, at time of vendor s policy renewal, updated insurance certificates shall be sent to the Town of Barnstable. No cancellations of such insurance, whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the Town of Barnstable at least thirty (30) days prior to the intended effective date thereof, which date shall be expressed in said notice, and which shall be sent out by registered mail, return receipt requested. These provisions shall apply to the legal representatives, trustees in bankruptcy, receiver, assignee, and/or the successor in interest of the Contractor. All insurance coverage shall be placed with such company as may be acceptable to the Town of Barnstable and shall constitute a material part of the contract documents. 3. Comprehensive General Liability Insurance 8

9 The Contractor shall carry Commercial General Liability Insurance with an each occurrence limit of liability no less than One Million Dollars ($1,000,000.00) and a general aggregate limit of liability no less than Two Million Dollars ($2,000,000.00); and a Products/Completed Operations (as may be required) Aggregate limit no less that Two Million Dollars ($2,000,000.00) for all injury and damages to or destruction of property during the policy period. 4. Automobile Liability and Property Damage Insurance The Contractor shall carry business Automobile Liability Insurance covering all owned vehicles with a combined single limit no less than One Million Dollars ($1,000,000.00) to cover all damage caused by contracted employees of the awarded Contractor. Level of insurance must adequately cover the liability exposure of project site and is subject to Town of Barnstable Risk Manager approval. 5. Workers Compensation Insurance The Contractor shall carry Workers Compensation Insurance as required by Massachusetts General Law, c. 152, and Section 25, with a minimum limit of Employer s Liability as per Massachusetts General Law requirements. The coverage shall be in force from the time of the Agreement to the date when all contracted work being performed under the contract 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 the coverage become unavailable. H. LICENCES AND PERMITS The proposer is responsible for obtaining and holding in good standing all relevant licenses and certificates associated with the completion of these services, if applicable. Evidence of these requirements is to be made part of the proposal. If a permit is not currently held or the application process is pending, the lessor should indicate such. The Town reserves the sole right to decide if the lease may be awarded to the lessor despite the failure to produce the actual permits or copies thereof. They must be held in force throughout the terms of the services as contracted. I. TOWN MONITORING On a periodic basis, Property Management staff will review Lessor s performance to lease terms and conditions to assure compliance. J. SUBCONTRACTING OF SERVICES The subcontracting of services under this lease is not allowed unless it is specifically presented in the proposal by the proposer with a clear understanding of the responsible party submitting the proposal. The Town reserves the right to not allow the use of any subcontractors who are not capable of demonstrating their proficiency and expertise. 9

10 K. MINORITY OR WOMAN BUSINESS ENTERPRISE PARTICIPATION Minority-Owned Business Enterprises (MBE) or Woman-Owned Business Enterprises (WBE) are strongly encouraged to submit proposals in response to the Request for Proposal (RFP). For the purposes of this RFP, the term MBE or WBE shall mean a vendor who is certified as a minority business enterprise by the State Office of Minority and Women-Owned Business Assistance (SOMWBA), and who is certified at the time the vendor s proposal is submitted. All minority owned businesses are encouraged to apply for SOMWBA certification. For further information on SOMWBA qualifications, or access to SOMWBA vendor lists, contact the State Office of Minority and Women-Owned Business Assistance at (617) The Town of Barnstable will require lessors and subcontractors involved in local municipal projects to abide by the Equal Opportunity Anti-Discrimination Program guidelines below, which form a part of the lease generating from this RFP. EQUAL EMPLOYMENT OPPORTUNITY ANTI-DISCRIMINATION PROGRAM During the performance of this lease, the Lessor and all of (his) Subcontractors (wherein after collectively referred to as the Lessor), for himself, his assignees, and successors in interest, agree as follows: 1. The Lessor, in the performance of all work after award and prior to completion of the lease work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment. Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B) The lessor by signing the lease offered by the Town agrees to abide by the above paragraph to the best of his/her ability. SECTION IV. PROPOSAL REQUIREMENTS A. MINIMUM REQUIREMENTS The evaluation committee shall reject proposals which do not meet the following certain requirements. As a minimum the proposer will propose to enter into a lease agreement for both of the following options: OPTION 1 - The thirty-six (36) month lease of sixty-six (66) 2013 Model, NEW, golf carts equipped with attached roofs, bi-fold windshields, and tow packages. OPTION 2 - The sixty (60) month lease of sixty-six (66) 2013 Model, NEW, golf carts equipped with attached roofs, bi-fold windshields, and tow packages. In addition, the proposer is to provide for both options, at no additional cost to the Town of Barnstable, the following: 10

11 One (1) 2013 Model, carryall utility vehicle with cage, Must be New Three (3) Model Carryall 2 utility vehicles (large tilt bed) or newer, Reconditioned, Like New Condition (or New) One (1) Model Carryall 1 utility vehicle (smaller tilt bed) or newer, Reconditioned, Like New condition (or New) One (1) Model or newer Golf Cart with utility box One (1) Model or newer Golf Cart, Reconditioned, Like New Condition (or New) Two (2) or newer Model Ranger Golf Carts, Reconditioned Like New Condition (or New) For use to pick up golf balls on the driving range. It must have sufficient power to be used on a steep incline. The vehicle must have an adapter to mount a ball picker attachment. Three (3) for use for a variety of jobs by the maintenance staff. One (1) for use for a variety of jobs by the maintenance staff. One (1) for use by the golf range employees for servicing range balls to the starter and for servicing the water stations. For use as maintenance transportation For use to patrol the golf course for speed of play. They must be different color than leased carts for visibility. (Color to be approved by Town) a. Provide all maintenance, repairs, and parts including labor b. No additional charges for special tournament fleet request outside of the normal customer use fees will be expected of the Town of Barnstable. c. The proposer will be required to carry and maintain during the duration of the lease agreement, insurance for all claims and liability for damages for bodily injury, including accidental death and for property damage, which may arise from operations under this agreement. See Insurance section, III.G. 11

12 B. TECHNICAL SPECIFICATIONS APPLICABLE TO ALL OPTIONS FORM 1 MANDATORY TO COMPLETE Description Minimum Specifications Required By Town Specifications of Unit Offered by Proposer (To be completed by bidder PROVIDE DOCUMENTS TO SUPPORT ANSWER) Experience Proposer must have leased golf carts for a minimum of 5 years. References Insurance Special Event Fleet Special Event Fleet Condition and Cleanliness Guarantee Service/Maintenance Plan Specification Sheets and Photos Pricing Proposer must supply references to which proposer has leased golf carts for a minimum of five years. Complete Appendix D, References Form. Also include a list of all current contracts in New England with name, address and telephone number. The Town will insure the golf carts for loss under our policy during our lease period. Proposer to provide Certificate of Insurance in limits as required under Section III.G Proposer must provide a Special Event Fleet service. Include a basic description of the equipment, age of carts, and notice required. Special Event carts for Town use may not be more than six (6) years old and must be delivered in reconditioned, freshly washed, fully operational, and fueled condition. Proposer to have access to a sufficient number of golf carts for Special Event purposes to guaranteed supply as required and in condition specified. Cleanliness and condition of the Tournament Fleet must be guaranteed. If Town staff needs to clean or gas the fleet carts upon delivery, associated costs will be charged back to the proposer. Repeat occurrence of carts delivered not to specified requirements may be grounds for termination of lease. Proposer to state specific guarantee. Proposer must provide an on-site service/maintenance plan as part of this bid. The service/maintenance plan should indicate such things as the method for placing service calls, guaranteed response times for mechanic to arrive on site, parts availability to the proposer, type and schedule of preventive maintenance visits, experience of mechanics, and service center location. Include detailed description with proposal. Service/maintenance plan must include all costs for general service and maintenance including transportation to service center, if required. Proposer must also include a complete list of rates for any repairs not covered under the service/maintenance plan (accident or negligent damage). Provide complete specifications sheets and glossy photographs of the golf carts being proposed. (Information should include fuel efficiency, hill climbing speed, emissions, body construction material, etc.) Complete Pricing Sheet, Appendix C for required options and additional options proposer wishes to submit. MUST BE SUBMITTED IN 12

13 SEPARATE ENVELOPE FROM TECHNICAL SPECIFICATIONS. 13

14 OPTION 1 and 2 FORM 2 MANDATORY TO COMPLETE LEASE - 66 NEW MODEL 2013 Description Minimum Specifications Required by Town Specifications of Unit Offered by Proposer (To be completed by bidder PROVIDE DOCUMENTS TO SUPPORT ANSWER) Cart Type/Qty. Sixty-six (66) gasoline powered golf carts. For purpose of renting to players at the Town Municipal Golf Course. Year New, 2013 Accessories Color Body Each cart will be equipped with an attached roof, bi-fold windshield, and permanent tow package. To be selected by Town, no additional color charge. Durable polymer construction. It must be dent resistant, high luster finish to insure long lasting good looks. Fuel Efficiency Minimum 4 rounds per gallon Additional Equipment listed below required at no additional cost One (1) 2013 Model, carryall utility vehicle with cage, Must be New Three (3) Model Carryall 2 utility vehicles (large tilt bed) or newer, Reconditioned, Like New Condition (or New) One (1) Model Carryall 1 utility vehicle (smaller tilt bed) or newer, Reconditioned, Like New condition (or New) One (1) Model or newer Golf Cart with utility box One (1) Model or newer Golf Cart, Reconditioned, Like New Condition (or New) Two (2) or newer Model Ranger Golf Carts, Reconditioned Like New For use to pick up golf balls on the driving range. It must have sufficient power to be used on a steep incline. The vehicle must have an adapter to mount a ball picker attachment. Three (3) for use for a variety of jobs by the maintenance staff. One (1) for use for a variety of jobs by the maintenance staff. One (1) for use by the golf range employees for servicing range balls to the starter and for servicing the water stations. For use as maintenance transportation For use to patrol the golf course for speed of play. They must be different color than leased carts for visibility. (Color to be

15 Condition (or New) approved by Town) 2

16 C. PROPOSAL SUBMITTAL FORMS a. All technical data to be submitted on Form 1 and Form 2 Section. Attach additional data/supporting documentation as required. b. All proposal pricing to be submitted using the attached Price Proposal Worksheet, Appendix C. D. INVOICES Invoices to be submitted on a monthly basis to Golf Operations, Olde Barnstable Fairgrounds Golf Course, 1460 Prospect Street, Route 149, Marstons Mills, MA SECTION V. PROPOSAL EVALUATION Under the rules established in Massachusetts General Law Chapter 30B, the Town will appoint a proposal evaluation committee. Those proposals that meet all of the minimum requirements as outlined in this RFP, and are determined to be both responsive (those that offer all of the supplies and services requested in the RFP and contain all of the required information and forms properly completed) and those that are responsible (those with the capability, integrity, and reliability to perform under the lease) will be further reviewed using the comparative criteria outlined in this section. The evaluation committee will use the comparative criterion for each separate rating area, and based upon this criteria, will assign an overall rating to each proposal as permitted under Chapter 30B. The criterions may contain ratings of: Unacceptable, Acceptable, Not Advantageous, Advantageous, and Highly Advantageous as applicable. An Unacceptable rating in any one of the ten (10) criterions may eliminate the proposal from further consideration. Once the proposals have been ranked on technical merit, the price proposals will be opened, considered, and then factored in to the overall rankings. The Town will award a sixty (60) month lease to the responsive and responsible proposer that best meets the Town s needs, taking into account proposal quality and price. This will be contingent upon obtaining the approval of the Town Council to go beyond a thirty-six (36) month lease duration in accordance with Massachusetts General Law. If approval is not received, the award will be made for a thirty-six (36) month lease, to the responsive and responsible proposer that best meets the Town s needs, taking into account proposal quality and price. Determination of lease duration will be resolved prior to entering into a lease agreement. Therefore, each proposer must submit an unconditional price submittal for both a thirty-six (36) and sixty (60) month lease period. Failure to submit both is grounds to reject proposal as non-responsive. Regardless of lease duration, the awarded lease is subsequently subject to yearly appropriation approval. Minimum Evaluation Criteria -- Failure to meet the following minimum evaluation criteria will result in immediate rejection of the proposal.

17 1. Minimum Requirements: a. Meet minimum requirements as specified in Section IV-A b. Complete All forms as specified in Section IV and Appendices A E. Comparative Evaluation Criteria 2. Clarity and completeness of proposal. Unacceptable Incomplete and unclear. Advantageous Proposal submitted clearly meets the requirements of the Town s RFP and all forms completed as required. Highly Advantageous Proposal submitted exceeded the requirements of the Town s RFP and provided detailed information and all options requests. 3. Meeting all technical requirements as specified in Section IV-B. Unacceptable Does not meet all of the minimum technical requirements. Advantageous Meets all of the minimum technical requirements. Highly Advantageous Exceed the minimum technical requirements. 4. Quality of maintenance plan. Unacceptable No maintenance plan submitted or only on-call maintenance available. Advantageous Comprehensive maintenance plan submitted meeting RFP requirements with twice weekly site visits July, July, August; weekly visits April, May, September and October; and on-call visits November through March. Highly Advantageous Comprehensive maintenance plan submitted exceeding RFP requirements with twice weekly site visits July, July, August; weekly visits April, May, September and October; and on-call visits November through March. 5. Proximity of service center and stocked parts. Unacceptable - Unable to commit to a 24 hour on site response for emergency service calls with required parts. Advantageous Able to commit to a 24 hour on site response for emergency service calls with required parts. Highly Advantageous - Able to commit to a 12 hour on site response for emergency service calls with required parts. 6. Experience in providing golf cart leasing and maintenance service. Not Advantageous Less than five (5) years experience. Advantageous Five (5) years but less than then (10) years experience. Highly Advantageous - Ten (10) or more years of experience. 7. Special Event Fleet capabilities and rate. Unacceptable - No Special Event Fleet available. 2

18 Advantageous Special Event Fleet available and met $25.00 maximum per cart rate. Highly Advantageous Special Event Fleet available and less than the $25.00 maximum per cart rate. 8. Special Event Fleet age. Unacceptable - Fleet carts over six (6) years old and over. Advantageous Fleet cart over three (3) years and less than six (6) years old. Highly Advantageous - Fleet cart three (3) years or less old. 9. Cleanliness and condition guarantee. Unacceptable Cleanliness and condition guarantee not submitted. Acceptable Cleanliness and condition guarantee submitted and meets minimum requirements. 10. Cart optional accessories beyond minimum requirements for sixty-six (66) and ten (10) utility vehicles. Unacceptable Do not meet minimum optional accessory requirement Acceptable Meets minimum optional accessory requirement Advantageous Provides one (1) additional optional accessory beyond minimum requirement. Highly Advantageous - Provides more than one (1) additional optional accessory beyond minimum requirement. SECTION VI. PROPOSAL SUBMISSION REQUIREMENTS A. SUBMISSION Two separate sealed envelopes, one (1) containing an original unbound copy and four (4) bound and stapled copies of the non-price technical proposal marked Non Price Proposal, Lease of Golf Carts for the Golf Division and one containing an original unbound copy and one bound and stapled copy of the price proposal marked Price Proposal Lease of Golf Carts for the Golf Division must be received per the time frame outlined in the legal advertisement (Appendix F). It is the sole responsibility of the offerer to insure that the proposal arrives on time and at the designated place. The Town of Barnstable requires that price proposals must be separate from technical proposals. No reference to the actual price proposal shall be contained in any portion of the non-price proposal outlined below. Failure to adhere to this requirement may result in disqualification. B. NON-PRICE PROPOSAL Within your Proposal, please supply each of the following items and clearly structure and label your Proposal. 3

19 1. Cover Letter including name of Agency/Firm, address and telephone number signed in ink by authorized officer of the Agency/Firm. 2. Manufacturer s specifications for Cart model(s) proposed. 3. Completed Technical Specification, Form 1 and 2, Page 13 and 14. C. PRICE PROPOSAL Completed Price Proposal Submission Sheet, Appendix C D. CONTACT INFORMATION Clarifications and interpretations of this Request for Proposal must be requested in writing. Responses shall be likewise furnished. The last day to submit written requests is as noted in Key Dates of this RFP. After that day no requests or questions will be accepted. Please contact the Town of Barnstable for clarification of this Request for Proposal, direct all inquiries to: Johanna Boucher, Purchasing Agent Town of Barnstable, Property Management Division 230 South Street Hyannis, MA Phone. (508) Fax: (508) Business Hours: 8:00 a.m. - 4:00 p.m. Monday through Friday johanna.boucher@town.barnstable.ma.us Website: 4

20 TOWN OF BARNSTABLE Appendix A CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this 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. FIRM ADDRESS SIGNATURE NAME (print) TITLE TELEPHONE DATE 5

21 Appendix B TOWN OF BARNSTABLE 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 lease or other agreement will not be granted unless the applicant signs this certification clause. ** Your Social Security Number will 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 lease or other agreement issued, renewed, or extended. This request is made under the authority of Mass. G.L. 62C s. 49.A. 6

22 MANDATORY TO COMPLETE Price Proposal Submission Sheet Page 1 Appendix C Name of Company: Company Address: Town/City: State: Zip: Telephone: ( ) Fax: ( ) Lease 66 New Model 2013 Carts: OPTION 1 THIRTY-SIX (36) MONTH LEASE Year 1 66 x $. Per Cart = $. Annual Cost Year 2 66 x $. Per Cart = $. Annual Cost Year 3 66 x $. Per Cart = $. Annual Cost TOTAL: $. (a) Service/Maintenance Plan Yearly maintenance cost for complete fleet: $ /yr X 3 years = $ (b) GRAND TOTAL 36 month Cart lease plus Maintenance Cost $ (a + b) (basis for determining low bid) Special Event Fleet Flat Rate (Not to exceed $25.00/cart) $. 7

23 Name of Company: Price Proposal Submission Sheet - page 2 Lease 66 New Model 2013 Carts: OPTION 2 SIXTY (60) MONTH LEASE Year 1 66 x $. Per Cart = $. Annual Cost Year 2 66 x $. Per Cart = $. Annual Cost Year 3 66 x $. Per Cart = $. Annual Cost Year 4 66 x $. Per Cart = $. Annual Cost Year 5 66 x $. Per Cart = $. Annual Cost TOTAL $.(a) Special Event Fleet Flat Rate (Not to exceed $25.00/cart) $. Service/Maintenance Plan Yearly maintenance cost for complete fleet: $ /yr X 5 years = $ (b) GRAND TOTAL 60 Month Cart lease plus Maintenance Cost $ (a + b) (basis for determining low bid) Special Event Fleet Flat Rate (Not to exceed $25.00/cart) $. 8

24 Name of Company: Price Proposal Submission Sheet - page 3 By signing below, the Bidder representative certifies that he/she has read, understands, and will faithfully execute the terms and conditions stated herein. The signer also certifies that he/she is an officer or duly authorized agent of the bidding firm with full power and authority to submit binding offers for the goods or services as specified. Date: Company Name: Authorized Signature: Print Name/Title: Address: Telephone: Fax: 9

25 REFERENCES FORM Appendix D Bidder: Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: 10

26 Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: (Additional sheets may be attached if necessary) NOTE: Do not use the Town of Barnstable as a reference. 11

27 Appendix E TOWN OF BARNSTABLE, MASSACHUSETTS LEASE AGREEMENT BETWEEN LESSOR AND TOWN LEASE THIS AGREEMENT, made this day of, 2013 by and between the TOWN OF BARNSTABLE, Massachusetts, hereinafter called the TOWN, and With legal address and principal place of business at Hereinafter called LESSOR. WITNESSETH: That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the TOWN, the LESSOR hereby agrees with the TOWN to provide services as outlined in the RFP entitled Town of Barnstable, Request for Proposal, For Lease of Golf Carts for the Golf Division dated, as proposed hereinafter called the services, upon demand of the TOWN, made as hereinafter provided, at a total price of in accordance with the following requirements. DURATION OF LEASE This lease shall be in force for a period of ( ) months, from April 1, 2013 through March 31,. Non-Appropriation of Funds Clause - The offered contract term is months. Funds have been appropriated for Fiscal Year Future funding for this 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 these services, the lease will be terminated at no additional cost to the Town. PAYMENT SCHEDULE In consideration of golf carts delivered to Olde Barnstable Fairgrounds Golf Course, located at 1460 Prospect Street, Route 149, Marstons Mills, Massachusetts and for services provided as described herein, the LESSEE agrees to pay the LESSOR the sum of $ as follows: Lease Payment to Lease: Maintenance Payment to : SUBTOTAL $ 12

28 SUBTOTAL $ TOTAL $ The following Maintenance vehicles are being provided with this lease at no additional charge to the Town: One (1) 2013 Model, carryall utility vehicle with cage, Must be New Three (3) Model Carryall 2 utility vehicles (large tilt bed) or newer, Reconditioned, Like New Condition (or New) One (1) Model Carryall 1 utility vehicle (smaller tilt bed) or newer, Reconditioned, Like New condition (or New) One (1) Model or newer Golf Cart with utility box One (1) Model or newer Golf Cart, Reconditioned, Like New Condition (or New) Two (2) or newer Model Ranger Golf Carts, Reconditioned Like New Condition (or New) LESSOR to issue invoice the first day of the month and LESSEE to make payment in Net 30 days. The Request for Proposal entitled Town of Barnstable, Request for Proposal For Lease of Golf Carts for the Golf Division dated, the Proposal made by the LESSOR dated, and Attachment A, Additional Lease Conditions contained therein are attached and are made a part hereof and collectively evidence and constitute the lease. 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 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. 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 specifying the effective date thereof, at least seven (7) days before the effective date of such termination. The Contractor shall maintain insurance with minimum limits as defined in the Invitation for Bid, Section 4, Special Conditions for the entire duration of the project work to be performed, and provide a certificate of insurance with the Town of Barnstable named as an additional insured. Renewal certificates of insurance must be submitted to the Town of Barnstable, Risk Management, 230 South St., Hyannis, MA on a yearly basis. The Contractor shall indemnify, defend and hold harmless the Owner, its elected or duly appointed officers, directors and employees against labiality, losses, damages, or expenses (including legal expenses) resulting from any claim based upon negligent or intentional misdeeds or omissions of the Contractor, its employees or its agents in providing its services to employees of the municipality or their dependents pursuant to the agreement. 13

29 This contract is governed by the laws of the Commonwealth of Massachusetts. This Agreement constitutes the entire lease 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 both parties hereto. 14

30 IN WITNESS WHEREOF, the parties to these presents have executed this Lease in the year and day first above mentioned. Approved as to form Ruth J. Weil, Town Attorney By: PROPOSER By: TOWN OF BARNSTABLE, Lessee Thomas K. Lynch, Town Manager This is to certify that the Town of Barnstable, Massachusetts has an appropriation that is adequate to cover the cost of this lease. Mark Milne, Finance Director 15