School Bus Transportation for METCO Students

NEEDHAM PUBLIC SCHOOLS 1330 Highland Avenue Needham, MA 02492

March, 2017

INVITATION FOR BID (IFB) #17SCH130G

TOWN OF NEEDHAM SCHOOL DEPARTMENT

School Bus Transportation Services for METCO Students

The Needham School Committee invites sealed bids for the provision of School Bus Transportation Services for METCO Students for the Needham Public School, for the period July 1, 2017 extending to June 30, 2020 with possible yearly extensions to June 30, 2022. Invitation for Bid packages will be available from the Office of the Director of Financial Operations, 1330 Highland Avenue, Needham, MA 02492, or may be downloaded from http://www.needhamma.gov/bids.aspx beginning at 9:00 AM, March 10, 2017.

Bids are returnable to the Office of the Director of Financial Operations, 1330 Highland Avenue, Needham, MA 02492 no later than 10:00 am on April 7, 2017, at which time and place they will be publicly opened. LATE PROPOSALS will not be accepted. The Town reserves the right to reject any and all bids as determined to be in the interests of the Town and to waive minor informalities.

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

Dan Gutekanst Superintendent of Schools Town of Needham Needham, Massachusetts

1 Needham Public Schools Procurement in Brief Melane Bisbas School Business and Operations Coordinator 1330 Highland Avenue Primary Procurement Contact Needham, MA 02492 781-455-0400 x 204 [email protected] Event Date Details Title School Bus Transportation Services for METCO Students Contract Number #17SCH130G Invitation for Bid packages are available from the Office of the Director of Financial Operations, 1330 Highland Avenue, Needham, MA 02492, or may be downloaded from http://www.needhamma.gov/bids.aspx.

IFB Available March 10, 2017 9:00 AM Bidders who access bid materials from the Town’s website are responsible for acknowledging receipt of those materials using the Acknowledgement of Receipt form found in Appendix B and for checking the website periodically for any addenda that may be issued.* A pre-bid conference will be at 1330 Highland Avenue, Needham, MA Pre-Bid Meeting March 15, 2017 10:00 AM 02492. All potential bidders are invited (but not required) to attend. Questions must be submitted in writing, via fax, email or US post to: Melane Bisbas School Business and Operations Coordinator March 30, 2017 12:00 PM 1330 Highland Avenue

Needham, MA 02492 Deadline for Written Questions Needham Public Schools will 781-455-0400 ext. 204 not respond to questions [email protected] submitted after the above date. Oral communications are not binding on the School Department. Responses to questions submitted in writing will be forwarded to all persons on record as having received the IFB. If any changes are made to this IFB, an addendum will be issued. Addenda will be mailed or faxed or emailed to all bidders on record as having Addenda received the IFB. Addenda also will be posted to the Town of Needham bid website at http://www.needhamma.gov/bids.aspx.

2 Bids are due to the Office of the Director of Financial Operations, 1330 Highland Avenue, Needham, MA 02492 by the due date and time. If, on April 7, 2017 10:00 AM the bid due date, the above office is Public Bid Opening closed due to uncontrolled events such When and Where are Bids Due? as fire, snow, ice, wind, or building LATE PROPOSALS will not be evacuation, the bid opening will be accepted. postponed to the next normal business day (M-F, excluding holidays.) Bids will be accepted at the same location until that date and time. Number of Required Copies One original + 3 copies of all forms Bids will be publicly opened. April 7, 2017 10:00 AM Bid Opening Interested parties are invited to attend Public Bid Opening the bid opening. Bid Surety (Bond) Requirements Required: $5,000 Contract Award Award will be made within 60 business days after the bid opening. Contract Length 3 Years with two possible extensions

Upon Award of Contract Payment Bond Not Required Performance Bond 100% Performance Bond if Awarded Contract Insurance Refer to Contract Terms

* Bid Acknowledgement

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

3 NEEDHAM PUBLIC SCHOOLS 1330 Highland Avenue Needham, MA 02492

March, 2017 School Bus Transportation Services for METCO Students

INVITATION FOR BID (IFB) 17SCH130G

I. INFORMATION & INSTRUCTIONS TO BIDDERS

1. Questions:

Bidders must read these specifications carefully. Questions about the specifications shall be submitted in writing via fax, email or U.S. post to the address specified below, no later than March 30, 2017 12:00 PM. Needham Public Schools will not respond to questions submitted after that date.

Melane Bisbas School Business and Operations Coordinator 1330 Highland Avenue Needham, MA 02492 781-455-0400 x 204 [email protected]

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

2. Downloading Bid Documents from the Town of Needham website

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

4 3. Bid Acknowledgement

4. Bid Addenda

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

5. Pre-Bid Conference

A pre-bid conference will be held on March 15, 2017 10:00 AM at 1330 Highland Avenue, Needham, MA 02492. All potential bidders are invited (but not required) to attend.

6. When and Where are Bids Due?

Bids will be received by the Director of Financial Operations, Needham Public Schools, 1330 Highland Avenue, Needham, MA 02492, until April 7, 2017 10:00 AM, at which time and place they will be publicly opened.

7. Unexpected Closure or Delays

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

8. Late Submissions

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

9. Submission Requirements

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

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

C. A bid must be signed as follows: 1) if a bidder is an individual, by him/her personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general

5 partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

D. Provide ONE ORIGINAL + 3 COPIES of the following items, completed in full and appropriately signed:

Bid Form I Checklist of Bid Forms Bid Form II Bidder Information & Statement of Qualifications Bid Form III Price Proposal Bid Form IV Certificate of Compliance with Massachusetts Tax Laws & Non-Collusion Bid Form V Certificate of Corporate Vote Bid Form VI Description of Bus Equipment Bid Deposit

Appendix A - Short Form Agreement Between Town and Contractor Appendix B - Acknowledgement Form Appendix C- Prevailing Wage Appendix D - METCO Bus Routes 2016-2017 Appendix E - Needham Public Schools Operation Specifications & Expectations Appendix F - CORI Request Form Appendix G- Acknowledgement of Receipt Form

10. Premature Bid Opening

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

11. Bid Modifications or Withdrawals

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

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

12. Rejection of Bids

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

6 13. Bid Deposit/Performance Bonds

A bid deposit must be included with the Bid, in the form of a bid bond, certified check or cashier's check issued by a responsible bank or trust company in the amount of $5,000, made payable to the Town of Needham. The amount shall function as a bid security until such time as a contract is awarded by the Needham School Committee. Bid deposits will be returned upon the execution and delivery of a contract, unless no award has been made at the expiration of sixty (60) business days after the opening of the bids. If any bidder fails to perform its agreement to execute a contract, its bid deposit shall become the property of the Town of Needham as liquidated damages.

A performance bond in the amount of the 2017/18 share of the overall transportation contract, from a reputable bonding company authorized to do business in Massachusetts and satisfactory to the Committee, will be required prior to the execution of the contract. A 100% performance bond also will be required for each subsequent year of the contract. Each single performance bond is to be in the total amount of that particular year’s share of the contract, issued in June for the subsequent fiscal year.

14. Uniform Procurement Act (MGL Ch30B)

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

15. Prices Firm for 60 Days

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

16. Taxes

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

17. Public Records

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

7 generally will not exceed $25.00 per hour.

18. Conflict of Interest

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

19. Other Notices

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

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

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

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

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

II. CONTRACT AWARD & BIDDER QUALIFICATIONS

1. Rule for Award/ Contract Issuance:

A. One contract for all METCO transportation services specified herein will be awarded to the responsive and responsible bidder with the lowest grand total price over the three-year contract period, July 1, 2017 – June 30, 2020. Bidders must also submit prices for the two renewal years, July 1, 2020 – June 30, 2021 and July 1, 2021 – June 30, 2022, although the bid prices for the two optional years will not factor into the award decision, and may not increase from the original bid price.

In the event that multiple bidders submit the same grand total bid price, the Director of Financial Operations will re-calculate each year’s bid price to determine the net present value of each payment, using a discount factor equal to 5%. The responsive and responsible bidder with the lowest grand total price, in net present value terms, will be named the low bidder.

8 B. Options to renew the contract for the fourth and fifth years will be at the sole discretion of the Needham School Committee.

C. The Needham School Committee will award the Contract under this bid within sixty (60) business days after the opening of the bids, conditioned on submission by the successful bidder of evidence of ability to perform satisfactorily to the Committee, receipt of a performance bond approved by Town Counsel, evidence of insurance coverage, and execution of a signed contract. The Committee may waive the performance bond and accept other form of assurance, such as a line of credit with a responsible bank or trust company.

D. The successful bidder must enter into the Short Form Agreement prepared by Town Counsel of the Town of Needham (Appendix A), or a contract in substantially similar format.

E. The successful bidder will be required to provide a 100% performance bond, for each year of the contract. Each single performance bond is to be in the total amount of that particular year’s share of the contract, issued in June for the subsequent fiscal year.

F. Should there be a reason why the Contract cannot be awarded within the time referenced herein, the time for award may be extended by mutual agreement between the Needham Public Schools (NPS) and the successful bidder.

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

2. Bidder Qualifications:

A. To be considered qualified under this bid:

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

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

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

3. Estimated Quantities:

Unless otherwise stated, the quantities identifies herein are ESTIMATES ONLY, given for informational purposes and as a basis for comparison of bids. Actual quantitites may be more or less than the estimates provided herein.

III. PURCHASE DESCRIPTION & SCOPE OF SERVICES:

1. Overview

A. The bid will cover the provision of school bus transportation services for METCO students attending Needham Public Schools, beginning July 1, 2017, and ending June 30, 2020. The bid may be extended for up to two additional years, solely at the Town’s discretion. These services include: a. Transportation of METCO students, grades K-12, round trip, between school and designated bus stops near students’ homes, for a minimum of 180 school days per year. b. Late bus transportation for METCO students. c. Summer School transportation for METCO students. d. Extracurricular transportation for METCO programs. e. Pick up/drop off Bus Monitors.

B. The contract for furnishing school bus transportation services shall include the furnishing of all services necessary and required, including: transportation equipment, maintenance of equipment, operation, supervision, inspection, registration, licensing, insurance, and conformance to all laws, rules and regulations of the Federal Government, the Commonwealth of Massachusetts, The Town of Needham, and the School Committee of the Town of Needham.

C. The successful bidder will be required to obtain and maintain general liability, motor vehicle and Workmen's Compensation insurance as required by Section III: INSURANCE COVERAGE of this Bid.

D. The bidder awarded this contract (Contractor) shall agree to indemnify, defend and hold harmless the Town and School Committee for any and all claims, losses, costs, expenses or damages of any kind, resulting from or arising out of performance of the contract by the Contractor, its officers, agents or employees.

E. Liability for the Contractor’s personnel while in the performance of duty under this contract shall be the responsibility of the Contractor. The School Committee shall not be held liable for any personnel in the employ of the Contractor.

F. Drivers will be paid at a minimum in accordance with the prevailing wage rate to be paid to operators of motor buses employed under the provisions of Chapter 71, Section 7A, as amended, of the General Laws of the Commonwealth of Massachusetts. (See Appendix C: Prevailing Wage Rate.)

G. In the event the Contractor is unable to furnish transportation temporarily, the Contractor agrees to provide suitable insured emergency transportation in place thereof, without additional charge. Written notice of such emergency substitution shall be provided to the School Transportation Director within 24 hours of occurrence.

H. In the event of a service interruption lasting more than five days on the part of the Contractor, the School Committee has the right after notification in writing, to secure other such transportation as may be necessary.

10 I. If at any time, the Contractor does not provide the required number of buses or drivers for any part of the transportation system, the School Committee may deduct the per diem per incident for each bus or driver not provided in accordance with the Contract as liquidated damages.

J. Bids are to be prepared based on routes described in Appendix D: METCO Bus Routes 2016-2017.

K. The Contractor will provide and maintain an emergency beeper or cell phone system so that the Town can make contact with the Contractor at all times.

L. The Contractor shall allow only students of the Needham Public Schools with a valid bus pass, or other persons designated by the School Committee, to be transported on the school buses during the normal school runs. Children of the drivers shall not be allowed to ride the bus unless they are students of the Needham School Department and are being transported to or from their school of attendance.

M. The buses can only be used for Needham Public Schools or related activities.

N. The successful bidder must be familiar with the Needham Public Schools Operation Specifications and Expectations as listed in Appendix E. These reinforce good management practices on the part of the Contractor and reflect the level of professional standards expected by the Needham Public Schools.

O. The Contractor may not assign or subcontract, or in any way transfer, any interest in this contract, without the prior written consent of the Committee.

2. Garaging of Buses:

A. The Contractor will garage all METCO buses between the opening day and closing day of each school year at a site designated by the Contractor. The Contractor has the option to garage METCO buses on Town Property. If the Contractor garages METCO buses on Town Property, the Contractor will work cooperatively with the Town of Needham's Public Works Department to facilitate the snow-plowing of the lot where the buses are parked and will move them when requested to do so. The Contractor will assume full responsibility and liability for their buses during this period of time. The Contractor will be responsible for garaging their buses on property other than Town property from the close of the school year to the opening day of the following school year.

The Contractor shall, within thirty (30) days of notification of award of the contract, provide the Committee with the address where the buses will be stored during the school year and keep this information current throughout the term of the contract. In the event of recurrent problems on the Needham METCO bus routes, the Town reserves the right to require, by written notice to the Contractor, that an emergency backup bus or buses and driver(s) be permanently located in Boston, at no additional charge, to be used on the METCO routes. The Contractor must comply within three (3) days of the written notice, otherwise, the Town shall deduct from the payments due under the Contract, the per diem bus-per-day cost for each day that the Contractor fails to comply.

B. The Contractor must have access to sufficient garage/maintenance facilities and mechanics to ensure timely repairs so as not to disrupt transportation services.

3. Bus Routes:

A. General Information:

a. Bids for the following transportation services are to be listed on Bid Form III: School Bus Transportation Bid Prices: i) Transportation of METCO students, grades K-12, round trip, between school and their homes or distribution points near their homes, for a minimum of 180 school days per year. ii) Late bus transportation for METCO students. iii) Summer School Transportation for METCO students. iv) Extracurricular transportation for METCO students. v) Pick-up/Drop-off Bus Monitors.

b. Bid prices include the cost of one spare vehicle.

c. The Contractor agrees to maintain an accurate master clock, and will insure that each driver will have and use an accurate and dependable timepiece that is synchronized to the master clock.

d. Drivers shall adhere to the time schedule set up for their bus route as closely as possible, consistent with the safe operation of the vehicle. This means that they are not required to wait for pupils who are tardy in reaching the scheduled stops.

e. Drivers are to take on or discharge passengers only at the bus stops designated by the Needham Public Schools. If conditions warrant adding additional stops, or changing the location of one or more pick-up points, this information should be communicated to the Needham Transportation Director for his/her consideration and action, relative hereto.

f. All drivers on regular routes must have driven the route on a trial ‘dry run’ basis prior to actually transporting students.

g. To the maximum extent possible, the same driver will be scheduled to drive both the morning and afternoon runs of a particular bus.

h. The Contractor will prepare all routes between school and bus stops designed by the Needham Public Schools, in cooperation with both the Needham Public Schools Transportation Director and METCO Director. The Contractor is responsible for the development of the safest and most cost-effective routes, possible. Attempts should be made to have a balanced number of students on each bus and to minimize the distance students have to walk to their bus stop. Routes must be submitted by August 1 of each school year to the Needham Public Schools Transportation Office, 1330 Highland Avenue, Needham MA 02492. The Transportation Director and METCO Director must approve the routes prior to the opening of school.

i. Bids are to be prepared based on routes described in Appendix D: METCO Bus Routes 2016-2017.

12 B. METCO Bus Routes

(a) Regular & Late Bus Routes:

i. The proposed bid for the required transportation to and from school is based upon the use of four (4) buses, which bid price includes the cost of the required one (1) spare. If less or more than four (4) buses are required at one time, the contract amount will be adjusted to the number of buses needed at that time, based upon the bid cost per bus for that school year. Service includes morning and afternoon routes.

ii. The regular buses will not be in use for more than an average total of 4 hours per day. The anticipated average number of hours of daily use are to be determined from time of first student pick-up to drop-off at school on incoming trips, and from time of departure from school to time of last student drop-off on homeward trips. Deadhead time, layover time, time to and from the garage, and delays due to unforeseen traffic or weather circumstances are not to be calculated in the average number of hours of daily use. Time is to be calculated only when there is at least one student in the vehicle. Under this formula, buses may be in use for less than the aforementioned times. However, regular buses must be available for 4 hours each day and late buses must be available for 2 hours per day. The number of runs will be scheduled by the School Transportation Director to meet the needs of the Needham Public Schools and may include other transportation, within the contracted time, as determined by the Needham Public Schools.

iii. Bus monitors will be used during the contract period and will be paid by Needham Public Schools. Presently, monitors are used only on the elementary buses, although this is subject to change with advance notice by Needham Public Schools to the contractor. These monitors will board the buses in the morning along the established routes.

iv. Bids are to be prepared based on Regular & Late Bus Routes described in Appendix D: METCO Bus Routes 2016-2017

v. School Hours:

School Hours for 2017-18 School Year:

Delayed Early Regular Regular School: Opening Release Start Close Start Close Needham High School 8:35 a.m. 2:35 p.m. 10:00 a.m. 11:55 a.m. Pollard Middle School 7:50 a.m. 2:20 p.m. 9:50 a.m. 11:40 a.m. High Rock School 7:40 a.m. 2:10 p.m. 9:40 a.m. 11:30 a.m. Broadmeadow, Eliot, Hillside, and Mitchell 8:20 a.m. 2:45 p.m. 10:20 a.m. 12:15 p.m. Elementary Schools

13 Newman Elementary 8:45 a.m. 3:10 p.m. 10:45 a.m. 12:40 p.m. School

vi. If less or more than the contracted number of buses are required due to a change in school start/end times, the contract amount will be adjusted to the number of buses needed at that time, based upon the bid cost per bus for that school year.

vii. Buses shall be on the premises of the school building or buildings to deliver children in the morning not later than five (5) minutes before the opening of school, and not earlier than fifteen (15) minutes before the dismissal of school.

viii. Occasionally, schools may close early. The Contractor will be informed in advance of any early release days. This will result in no additional charges to the Town. The School Department reserves the right to stagger or change the starting and/or the closing times of schools at no additional cost. The above schedules represent times that buses are needed during the current and future school years.

ix. The Needham Public Schools may implement a delayed opening or early release policy during periods of inclement weather. The Contractor will provide bus service under these conditions at no additional cost to the Needham Public Schools.

(b) Late Buses: i. Presently, no late buses are used by the METCO Program. Should needs change however, the METCO Program reserves the right to schedule up to three (3) buses for 144 days per year to provide late bus transportation to Needham METCO students. The number of buses needed, and the times at which they will be needed, will be determined by the METCO program, based on scheduling requirements. Late buses would be needed on average for a total of three (3) hours per day.

ii. If less or more than the aforementioned number of buses are required, the contract amount will be adjusted to the number of buses needed at that time, based upon the bid cost per bus for that school year.

iii. Buses shall be on the premises of the school building or buildings to pick up children not later than five (5) minutes before the above pickup times.

iv. Occasionally, schools may close early. The Contractor will be informed in advance of any early release days. This will result in no additional charges to the Town. The School Department reserves the right to stagger or change the starting and/or the closing times of schools at no additional cost. The above schedules represent times that buses are needed during the current and future school years.

v. The Needham Public Schools may implement a delayed opening or early release policy during periods of inclement weather. The Contractor will provide bus service under these conditions at no additional cost to the Needham Public Schools.

14 (c) Summer School Routes: i. It is anticipated that up to two (2) buses will be required for five weeks during the summer to transport students to the Needham METCO summer school program. The number of bus stops are to be designated by the Needham Public Schools, but are estimated to be approximately three.

ii. Summer School Hours:

School: Start * Close * Broadmeadow School (may vary) 8:45 a.m. 12:15 p.m.

iii. If less or more than the contracted number of buses are required to due to a change in summer school programming or school start/end times, the contract amount will be adjusted to the number of buses needed at that time, based upon the bid cost per bus for that school year.

iv. Buses shall be on the premises of the school building or buildings to deliver children in the morning not later than five (5) minutes before the opening of school, and not earlier than fifteen (15) minutes before the dismissal of school.

v. Occasionally, schools may close early. The Contractor will be informed in advance of any early release days. This will result in no additional charges to the Town. The School Department reserves the right to stagger or change the starting and/or the closing times of schools at no additional cost. The above schedules represent times that buses are needed during the current and future school years.

vi. The Needham Public Schools may implement a delayed opening or early release policy during periods of inclement weather. The Contractor will provide bus service under these conditions at no additional cost to the Needham Public Schools.

(d) Extracurricular Buses for METCO Program:

i. From time to time, the METCO program requires the use of extracurricular buses to transport students to METCO-related events or activities. Bids for extracurricular program buses are to be listed separately on Bid Form III, based upon round-trip mileage from point of origin to destination and return to point of origin. Mileage does not include round-trip to or from garaging area. The Bid will specify the hourly allowances for the driver’s wait time.

ii. Attempts are made to schedule trips so as not to conflict with the regular METCO bus routes.

iii. Bus capacities for extracurricular trips will be consistent with those listed on the exterior of the bus. Those capacities will be determined in accordance with current state regulations.

(e) Pick-up/Drop-off of Monitor:

Upon arrival in Needham, the Needham METCO program will arrange for the monitors to be transported to public transportation using alternate means, or the Contractor will be required to make one bus available to return the monitors to the Forest Hills T Stop (or other mutually agreeable site), for an incremental per diem charge. In the afternoon, the same bus will be needed pick up the monitors from the Forest Hills T Stop (or other mutually agreeable site) enroute to Needham. At the end of the route, the monitors will get off at prearranged stop(s) on the regular route. Bidders will be asked to bid the incremental per diem charge for one of the buses to drop off/pick up monitors at Forest Hills.

4. Communication:

A. The Contractor will provide in each bus a 2-way communication system between the bus and the dispatcher. The Contractor must specify as part of this bid the type of system to be used.

B. If at any time, the Contractor’s personnel do not carry the 2-way communication system, the School Committee may deduct half the per diem per incident for each bus or driver as liquidated damages.

C. Appendix E is provided for further information regarding required communication procedures.

D. A qualified Dispatcher must be available at all times while any bus is in service in service for Needham METCO including regular, late bus and summer school transportation.

5. Vehicle Specification:

A. The Contractor shall use vehicles, which shall be constructed, equipped and maintained in conformance with all applicable laws and regulations of the Federal Government and the Commonwealth of Massachusetts. The attention of all concerned is particularly directed to applicable sections of Chapter 90 of the General Laws of the Commonwealth of Massachusetts:

B. All buses, including spare buses, must be equipped with 28" high-backed, padded, "New York" style seats.

C. No bus used in the performance of this contract shall be more than seven (7) years old during the life of the contract, age being determined by the day of original delivery to the first owner who is not an agent of the manufacturer, nor have more than 150,000 miles on its odometer at any time during the life of this contract.

D. All buses shall be school bus yellow. All buses must be kept clean and neat at all times and must be heated when necessary and provided with proper ventilation. All buses shall have a capacity of seventy-one (71) passengers and shall comply with all state and federal requirements related to school bus vehicles and equipment. Each bus shall be marked on the outside with the number of

16 pupils who may be transported therein with the total capacity of each bus figured in accordance with state regulations.

E. The Contractor shall keep all buses in good running order and condition and shall furnish all necessary gasoline, oil, grease, tires, maintenance and repairs during the entire term of the contract.

F. The Contractor agrees to have drivers make all required pre-trip and post-trip daily inspections of the buses to insure the buses are in good running order.

G. The Committee reserves the right to require, at the Contractor's expense, a certificate of inspection at any time for one or all of the school buses under this contract from a garage of the Committee's choosing. The certificate of inspection shall state the condition of the brakes, lights, horns, mufflers, steering gear, windshield cleaners, doors, tires, windows, chassis, bodies, STOP signal arms and seats and any and all other parts of a school bus that contribute to its safe operation. The Contractor further agrees that if any part or parts of any school bus are found to be faulty or unsafe, the bus shall be taken out of service and shall be repaired, replaced or restored immediately.

H. No vehicle substitutions (other than to cover temporary emergencies) may be made throughout the life of the Contract without the prior approval of the Committee.

I. In the event of a breakdown or other emergencies, which interrupt regular daily service, the Contractor must be able to provide, to the location of the breakdown, a suitable replacement vehicle and operating within twenty (20) minutes of notification of said breakdown or emergency.

J. In accordance with 7B Chapter 90, the Contractor will conduct two (2) on-bus evacuation drills for each school year. The Contractor agrees to provide the number of buses and drivers deemed necessary by the Transportation Director of the Needham Public Schools for the purpose of school bus evacuation drills. There will be no charge for this service. The date for evacuation drills at each school will be scheduled by the School Transportation Director.

K. The Contractor agrees to make all buses to be used in the performance of this Contract, including spare buses, available for inspection by the School Transportation Director one week prior to the start of each school year, and at any time during the school year, upon request of the School Transportation Director.

L. The Contractor must report all cases of vandalism in writing to the Needham Public Schools Transportation office within two (2) hours of a morning incident or by the opening of school the following day for afternoon incidents. Interior or exterior damages shall be repaired immediately with the Contractor assuming all costs. The Contractor may attempt to recover losses for vandalism from private parties (including students) by working through the school principal, the NPS Transportation Office and Needham METCO offices. Student transportation privileges may only be suspended by Needham Public Schools.

M. Each bus shall display prominently a number or letter printed in black, six inches high, immediately to the left of the entrance door, and on the front bumper.

6. Contractor’s Personnel

17 A. Drivers

a. The Contractor shall furnish fully trained and properly licensed drivers to operate buses used in carrying out the transportation services provided for under the terms of this contract. The Contractor also shall maintain a list of substitute drivers to be called upon in an emergency.

b. The Committee will investigate all drivers or potential drivers, including substitutes, through the Criminal History System Board Criminal Offender Record Information (CORI). The Contractor, will furnish completed CORI and other documentation required to complete the CORI checks.

c. Additionally, the Contractor shall (at no cost to the Town) require each driver to undergo an annual physical examination with TB test, and drug test. The Contractor shall maintain the driver’s health records and shall provide evidence of the above, including history of chicken pox to the NPS Transportation Office by August 1 of each year.

d. The Contractor shall submit the following information to the Superintendent by September 1 of each year for all drivers, including substitutes, who will provide service under this Bid. The Contractor also will provide this information for any new driver or substitute hired after September 1:

i. Name, address, date of birth, and social security number

ii. Photocopy of valid Commercial Driver’s License.

iii. Evidence of annual physical examination with TB test, and drug test, including history of chicken pox.

iv. Documentation of driver training

v. Pre-filled CORI request forms for every driver, potential driver or substitute. The Needham Public Schools will conduct the investigations, and retain all reports. See Appendix F for the CORI request forms.

e. The School Department reserves the right to accept or reject any and all drivers, if it is deemed in the best interests of the Town of Needham to do so. Further, the School Department reserves the right to require any operator to be physically examined at any time, at the sole cost of the Contractor, by a doctor of medicine selected by the Office of the Superintendent.

f. Each driver will comply with all State laws, including General Laws and regulations of the Commonwealth of Massachusetts, Registry of Motor Vehicles, and the Department of Public Utilities applicable to school bus operations.

g. Drivers will be paid at a minimum in accordance with the prevailing wage rate to be paid to operators of motor buses employed under the provisions of Chapter 71, Section 7A, as amended, of the General Laws of the Commonwealth of Massachusetts. Prevailing wage rates are attached as Appendix C.

h. Drivers will not smoke in the vehicle, or on school grounds.

i. Drivers shall comply with all reasonable regulations set forth by the School Department covering the conduct of pupils on the bus.

j. Drivers will not take disciplinary actions against any child, nor act to unilaterally remove a child from a bus. Cases, which warrant such action, shall be reported immediately to the Transportation Director, who shall convey the information to the METCO Director. Nothing herein shall prevent a driver from reprimanding a child for action that might cause harm to himself or others.

k. All drivers used within the Needham Public Schools will meet periodically from September through June at a time and place designated by the School Transportation Director. Additionally, METCO drivers shall be required to participate in any periodic training provided by the Needham Public Schools. There will be no additional charge for this service.

l. Needham Public Schools requests that drivers on school-year routes be selected by August 1 of each year, and for summer school routes by June 1 of each year.

B. Contractor's Supervisor and Dispatcher

a. The Contractor agrees to designate an employee as Supervisor and an employee as Dispatcher. (These functions may be combined within a single position to save money.) The Supervisor and Dispatcher shall have complete charge and responsibility for carrying out and enforcing the Contractor's obligations and responsibilities of this contract on a day-to-day basis. The Contractor agrees that the Supervisor and Dispatcher will work under the supervision of and in harmony with the School Transportation and METCO Directors to insure safe, timely, economical and efficient transportation of the students. The Supervisor and Dispatcher must be approved annually by the Transportation Director.

b. The Contractor's Supervisor and Dispatcher must be named prior to the effective date of the contract and must be accessible to meet on site with the Transportation Director daily and must be accessible by phone or radio between 6:45 a.m. and 4:00 p.m. each day school is in session, and during times when extra-curricular, or other student-related trips are conducted.

c. The Supervisor shall aid and assist the School Transportation Director and METCO Director in creating an annual schedule of routes and trips of the school buses and other routes and trips as may be required from time to time in the performance of this contract.

d. The Contractor will make the Supervisor available during non-school days to review and develop routes with the Transportation Director. Routes must be finalized two weeks prior to the opening of school.

C. Safety Training Officer

a. The Contractor agrees to designate one employee as School Bus Driver Safety Training officer. The Training Officer must be a Certified Instructor, and shall be responsible for the training of all new school bus drivers, with or without previous school bus driving experience, in accordance with the specifications found elsewhere in this contract and the procedures established by the Contractor. The School Bus Safety Training Officer also shall ride with every

19 first year driver (including substitute drivers) not less than twice per year, and every other driver at least once per year, for the purpose of observing their driving practices with respect to safety, mechanical operation, conformance with applicable laws, rules and regulations, and adherence to established time schedules. Reports of these safety procedures shall be submitted semiannually to the School Transportation Director. The School Bus Safety Training Officer may be assigned other duties by the Contractor provided that such duties shall not interfere or impede his/her prime responsibilities as School Bus Safety Training Officer. The School Bus Safety Training Officer will provide specific training as required by the School Transportation Director.

b. The Contractor agrees that the School Bus Training Officer will work under the supervision of and in harmony with the School Transportation Director.

7. Reporting Of Accidents

The Contractor shall report immediately, by oral communication to the School Transportation Director, or the Superintendent of Schools, each and every accident or any other incident or circumstance which causes unavoidable delay, or in any way interferes with the strict performance of this contract. A written report must be submitted to the School Transportation Director within twenty-four (24) hours following any accident and may be required for any or all incidents or circumstances.

8. Operational Specifications

The School Department has adopted the Operational Specifications and Expectations set forth in Appendix E. Appendix E is thereby incorporated into and is part of this Agreement.

III. INSURANCE COVERAGE

1. The Contractor shall carry and furnish evidence of general liability and motor vehicle liability insurance policies protecting the Town in connection with any operations included in this Contract, and shall have the Town as an additional insured on the policies. Coverage shall be in force during the entire contract period, in the following amounts: General liability coverage shall be in the amount of at least $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury liability and $1,000,000 per occurrence and $3,000,000 aggregate for property damage liability. Motor vehicle coverage shall include coverage for owned, hired and non-owned vehicles and shall be in the amount of at least $1,000,000 per person and $3,000,000 per occurrence for bodily injury liability and $1,000,000 per occurrence for property damage liability. The policies or certificates should be filed with the Registry of Motor Vehicles and with the Committee as required by law (M.G.L., Ch. 40, Sec. 4).

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

3. All of said insurance is to be written with an insurance carrier legally authorized to operate within the Commonwealth of Massachusetts and approved by the Committee.

20 4. The Contractor shall agree to indemnify the Committee and the Town and save them harmless from any and all costs of defending any action arising from this contract, including reasonable legal fees and expenses.

5. Certificates of insurance must be submitted prior to contract award to the Committee by the successful bidder, evidencing the existence of insurance required, which shall become a part of the contract. A copy of this certificate must be filed with the Director of Financial Operations by July 1 of each school year, during the contract period.

6. No cancellation of or reduction of the insurance coverage by the insurer shall be valid unless seven (7) days written notice is given to the Committee, evidenced by a return receipt.

7. Failure to provide and continue in force such insurance shall be deemed a material breach of the contract and shall be cause of immediate termination thereof subject to remedies outlined under the paragraph, "Remedies of the Committee."

IV. ASSUMPTION OF LOSS AND LIABILITY

1. The Contractor agrees that it shall pay or cause to be paid for all labors performed or furnished, all materials used or employed in the performance of the work under the contract, and all rental or hire of appliances and equipment employed in the work.

2. The Contractor is retained solely for the purpose and to the extent set forth in this agreement. During the term of this contract, the Contractor's relationship to the Town shall be that of an independent contractor. The Contractor shall have no capacity to involve the Town in any contract, or to incur any liability on the part of the Town.

V. STUDENT ASSIGNMENT

1. The Contractor shall allow only students of the Needham Public Schools, or other persons designated by the Superintendent, to be transported on the school buses during the normal school runs. The Contractor is responsible for permitting only those students with passes on the vehicles and is, therefore, expected to instruct drivers to require passes from students and to assist the Committee in action to see that passengers have passes. Children of the drivers shall not be allowed to ride the bus unless they are students of the Needham School Department and are being transported to their school of attendance.

2. The Contractor agrees to provide the School Transportation Director with a ridership count and route mileage by bus on a weekly basis, if requested.

VI. PAYMENTS & ASSIGNMENTS

1. Payments for all school bus transportation services covered by this bid will be made within forty-five (45) days after receipt of an approved invoice each month. Invoices are to be submitted at the end of each calendar month.

21 2. The Contractor will be paid the per diem rate as shown on Bid Form III: School Bus Transportation Bid Form, multiplied by the number of buses used, times the number of days per month the buses were utilized.

3. The Contractor should submit invoices to the Needham Public Schools Transportation Office, 1330 Highland Avenue, Needham, MA, 02492.

4. Questions about payments should be directed to the Director of Financial Operations, Needham Public Schools Transportation Office, 1330 Highland Avenue, Needham, MA, 02492.

5. No assignment or subletting of the contract or work or assignment of money due or to become due shall be made without the advanced written consent of the Committee, which shall be at the Committee's sole discretion.

VII. FUEL ESCALATION/DE-ESCALATION CLAUSE

1. Gasoline/diesel fuel prices are recognized as subject to significant upward or downward change during the contract period and the following constitutes the basis for the fuel escalation/de-escalation clause:

The Base Price of Fuel will be the statewide average weekly retail price of gasoline and/or diesel fuel, as reported by AAA, on December 28, 2016: $2.527.

Beginning in the first year of the contract, and continuing for the duration of said contract, a fuel adjustment may be charged when the average monthly price of gasoline/diesel fuel varies from the base price, by more than plus (+) or minus (-) $0.05, and will be made based on the average price for the month. (When there is an average monthly variation of $0.05 per gallon or less, up or down, there will be no adjustment.)

If the average monthly price of gasoline/diesel increases by more than five cents ($0.05) per gallon, additional payment for each one cent ($0.01) per gallon above the base price may be made to the Contractor for the number of gallons used for transportation. This must be accompanied by wholesale price verification. If the average monthly cost of gasoline/diesel decreases by more than five cents ($0.05) per gallon, a lesser payment of each one-cent ($0.01) per gallon from the base price may be made by the Contractor for the number of gallons used for transportation. The fuel adjustment would continue until gasoline prices came within the five cents ($0.05) per gallon variation allowance.

The fuel adjustment will be calculated as follows:

Total Daily Route Mileage = Gallons Used Per Day Miles Per Gallon (6)

Gallons Used Per Month = Gallons Used Per Day X # Days Per Month Bus(es) Utilized

Fuel Adjustment Amount = Gallons Used Per Month X Adjusted Figure Per Gallon

22 All calculations will be made based on a fuel efficiency standard of six (6) miles per gallon for regular school buses. If any additional information is required by the Superintendent of Schools to satisfy this calculation, the Contractor will be required to comply.

2. The Contractor agrees to maintain accurate and complete records relative to the use of gasoline and/or diesel fuel by each of its Needham Public Schools’ vehicles. These records and all other information requested by the District shall be made available prior to the awarding to any fuel adjustment.

3. Both the base price of fuel, and the average price of fuel per month will be based on Massachusetts Retail Gasoline and Diesel Prices published by the Massachusetts Division of Energy Resources (DOER.) The published prices are weekly statewide averages, which include sales tax. For purposes of this calculation, gasoline is defined as the regular grade, having a rating of 87-89 octane.

4. A separate monthly invoice or credit memo will be issued for the fuel, with said invoice clearly showing the applicable mileage per month and the average price of the fuel.

VIII. EVIDENCE OF ABILITY TO PERFORM

1. It is the intent of the Needham School Committee not to award a contract to any bidder who does not furnish satisfactory evidence that it has owned and operated (in the school transportation business) under the current name it is submitting as bidder for at least five (5) years, operating ten (10) school buses or more, and that it has available (through ownership or lease) sufficient number of duly licensed school buses of the number, type, year and passenger accommodation specified, and that it employs trained and duly licensed drivers to enable it to perform the work to the satisfaction of the Needham School Department.

2. Bidders are required to submit pertinent information relating to personnel and facilities, to establish the degree of ability to perform the transportation agreement.

3. Bidders may be required to further submit the following pertinent information:

i. A balance sheet, an income statement and a cash flow statement prepared by the bidder’s certified public accountant reflecting financial status for each of the three (3) preceding fiscal years.

ii. A bank credit letter of reference.

iii. Accident record for the previous three (3) years prepared by and submitted directly to this office by the insurance carrier.

iv. A statement outlining current fuel supply status; specifically, source of fuel supply required to fulfill existing contractual requirements, and plans being formulated to obtain the fuel necessary to execute this contract.

4. The School Committee reserves the right to investigate the financial responsibility of any and all bidders to determine what assurance the owner may have of subsequent service. It further reserves the right to withhold the awarding of any contract under its jurisdiction when the bidder is unable to furnish

23 satisfactory evidence of adequate ability, experience and/or capital to execute the completion of a project in accordance with the prescribed requirements, specifications and conditions of the Bid Documents.

5. Bidders may be required to further submit the following pertinent information:

i. A balance sheet, an income statement and a cash flow statement prepared by the bidder’s certified public accountant reflecting financial status for each of the three (3) preceding fiscal years.

ii. A bank credit letter of reference.

iii. Accident record for the previous three (3) years prepared by and submitted directly to this office by the insurance carrier.

6. The School Committee reserves the right to investigate the financial responsibility of any and all bidders to determine what assurance the owner may have of subsequent service. It further reserves the right to withhold the awarding of any contract under its jurisdiction when the bidder is unable to furnish satisfactory evidence of adequate ability, experience and/or capital to execute the completion of a project in accordance with the prescribed requirements, specifications and conditions of the Bid Documents.

IX. REMEDIES OF THE COMMITTEE

1. If the Contractor fails to perform services or perform services in a manner which is not pursuant to the terms and conditions of this contract, the Committee may make a reasonable purchase or contract to purchase services in substitution from service due from Contractor, and may deduct the cost of any substitute contract, or the damages sustained by the Committee due to non-conformance of services, together with incidental and consequential damages from the contract price and shall withhold such damages from sums due or to become due the Contractor.

2. If the damages sustained by the Town as determined by the Superintendent exceed sums due or to become due, the Contractor shall pay the difference to the School Committee upon demand.

3. The Contractor agrees that if it is determined at any time by the Committee that the Contractor has substantially violated any of the provisions of this contract, the Committee shall, after having given the Contractor a hearing before the Committee, terminate this contract at any time. Determination may be based on default in performance, nonconformity of performance, deficiency excused by failure to pre- supposed conditions, breach of the terms and conditions of this contract, failure in any respect to perform the service with promptness and diligence, bankruptcy, receivership or if a general assignment for the benefit of the Contractor's creditors impairs the value of service under this contract.

24 4. The Committee reserves the right to amend this contract or any part thereof, from time to time, upon giving written notice to the Contractor seven (7) days in advance of the implementation date of the amendment.

5. The Committee reserves the right to assess penalty fees against the Contractor for failure to perform as specified, not to exceed THE BUS-PER-DAY amount per failure.

X. COMMITTEE'S RIGHTS

1. The Committee reserves the right to reject any or all bids or any parts thereof whenever the interest of the Town shall require and award the contract to the lowest responsible bidder.

2. All specifications will be incorporated into the Contract by reference.

3. The Committee reserves the right to cancel the contract unilaterally on thirty (30) days notice for violation of any part of the contract, but in so doing, will not waive any rights or remedies which the Town may have against the Contractor.

25 Bid Form I Needham Public Schools CHECKLIST

Company Name: ______

Acknowledgement of Receipt Form (Appendix B), completed and returned, if bid materials downloaded from the Town of Needham bid website. Bid Form II, Bidder Information & Statement of Qualifications, completed and signed. Include requried General Program Information as an attachment to this form. Bid Form III, Price Proposal, completed and signed. Bid Form IV, Certificate of Compliance with Massachusetts Tax Laws & Non-Collusion, completed and signed. Bid Form V, Certificate of Corporate Vote, completed and signed. Bid Form VI, Description of Bus Equipment Bid Deposit Bidder acknowledged all addenda, if any:

Addendum #1, Dated ______Addendum #2, Dated ______Addendum #3, Dated ______Addendum #4, Dated ______Addendum #5, Dated ______Addendum #5, Dated ______

26 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

BIDDER IDENTIFYING INFORMATION:

Company Name: ______Main Office Address: ______Official Mailing Address: ______When Organized: ______Where Incorporated if a Corporation: ______Number of Years of Contracting Under Present Name: ______Number of Buses Owned At Present: ______Leased: ______

Individual to be Contacted About the Bid:

Contact Person: ______Telephone Number: ______Fax Number: ______E-Mail Address: ______

Individual Authorized to Contractually Bind the Company (This will be the individual, whose name and title will appear in the contract and will execute the contract on behalf of the company):

Name: ______Title: ______Telephone Number: ______Fax Number: ______E-Mail Address: ______

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

Proprietorship Partnership Corporation

NAMES AND ADDRESSES OF PRINCIPALS:

List below the names and addresses of all owners or partners. If the bidder is a corporation, list the names and addresses of the principal stockholders and the names of the executive personnel:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

27 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

LIST OF CONTRACTS:

1. List of Contracts. Please submit a complete list of all contracts performed within the last five (5) years. Description of services provided shall include rates, and any other material or information to adequately describe the program offered. Such information must be submitted with the Bid Documents. Attach additional sheets as necessary.

A. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

B. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

C. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

D. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of uses: ______Description and Date(s) of Services Provided: ______

28 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

List of Contracts (Continued):

E. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

F. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

G. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

H. Contract Entity: ______Contact: ______Address: ______Phone: ______Fax: ______Contract Value $: ______Contract Years: ______Number of Buses: ______Description and Date(s) of Services Provided: ______

29 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

2. Describe Office Personnel, Maintenance Staff, Maintenance Facilities, Optional Equipment, etc. (Attach additional sheets as needed.): ______

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

4. If you have ever defaulted on any contract, state where and why: ______

5. Will you furnish a detailed Financial Statement and other information requested by the Needham School Committee? ______

6. List bank references for verifying financial ability of your company: ______

30 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

7. From the contracts listed in 1, identify five (5) different contracts similar in size and scope to the proposed contract in which you have performed work:

1. ______2. ______3. ______4. ______5. ______

OTHER INFORMATION:

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

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

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

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

5. Will the bidder be able to complete the services under this contract by the indicated date? Yes No

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

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

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

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

10. Can the Bidder (Company) provide, upon request, proof of financial solvency? (The Town may request audited financial statements, financial references, and/or conduct an independent background check)? Yes No

31 BID FORM II NEEDHAM PUBLIC SCHOOLS BIDDER INFORMATION & CERTIFICATION

SIGNATURE/ ACKNOWLEDGEMENT:

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

The undersigned assures that this bid, as presented on Bid Forms I-V (including bid deposit), is made in good faith, without fraud, collusion, or connection of any kind with any other bidder for the same work. Additionally, the undersigned assures that he/she has informed himself/herself fully of the information presented in Section I : INFORMATION AND INSTRUCTIONS TO BIDDERS, and that he/she has made his own examinations and estimates and from them makes this Bid.

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

With the above understanding, the undersigned proposes to furnish pupil transportation services and to comply in all respects with said specifications for the sum or sums stated herein. In addition, the undersigned agrees, that, if awarded this contract, he/she will execute a contract within sixty business days, after presentation by the awarding authority, in accordance with the terms of this Bid.

Signature of Bidder *: ______

Name of Bidder: ______

Title of Bidder: ______Date: ______

* If a partnership, additional partners should sign below:

Signature: ______Signature: ______

Name: ______Name: ______

Date: ______Date: ______

Signature: ______Signature: ______

Name: ______Name: ______

Date: ______Date: ______

32 BID FORM III NEEDHAM PUBLIC SCHOOLS SCHOOL BUS TRANSPORTATION BID PRICES

1. The undersigned proposes to furnish school bus transportation services for METCO students in accordance with the accompanying specifications, for the contract prices specified below, subject to additions and deductions according to the terms of the specifications, for a period of three years, beginning July 1 2017.

2. Except where otherwise noted, the bid price shall be construed to cover all costs incurred by the contractor in the performance of this contract.

3. Rule for Award: One contract for all METCO transportation services specified herein will be awarded to the responsive and responsible bidder with the lowest grand total price over the three-year contract period, July 1, 2017 – June 30, 2020. Bidders must also submit prices for the two renewal years, July 1, 2020 – June 30, 2021 and July 1, 2021 – June 30, 2022, although the bid prices for the two optional years will not factor into the award decision, and may not increase from the original bid price. Options to renew the contract for the fourth and fifth years will be at the sole discretion of the Needham School Committee.

4. All bid prices are to be indicated in ink (or typewritten), and written in both longhand and numerals. If there appears to be discrepancy between these figures, the price indicated in longhand shall prevail.

Company Name: ______

I. Regular Routes:

Regular Routes (up to 4 Hours Per Day)

Contract Price Per Bus Annual Cost* Year Per Day x 4 buses x 180 days Annual Bid Price in Longhand 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (A) $

2020/2021 $ 2021/2022 $

* Calculate the annual cost, based on estimated need for 4 buses for 180 days per year, which bid price includes cost of required 1 spare. In any given year during the contract term, the number of regular transportation buses required may be more or less than the estimated quantity. Any increase or decrease will be at the annual unit prices specified on this form.

BID FORM III NEEDHAM PUBLIC SCHOOLS SCHOOL BUS TRANSPORTATION BID PRICES

II. Late Bus Routes:

Contract Price Per Bus Annual Cost* Year Per Day x 3 buses x 144 days Annual Bid Price in Longhand 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (B) $

2020/2021 $ 2021/2022 $

* Calculate the annual cost, based on estimated need for 3 buses for four days per week, or 144 days per year. In any given year during the contract term, the number of regular transportation buses required may be more or less than the estimated quantity. Any increase or decrease will be at the annual unit prices specified on this form.

III. Summer School Buses:

Contract Price Per Bus Annual Cost* Year Per Day x 2 buses x 25 days Annual Bid Price in Longhand 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (C) $

2020/2021 $ 2021/2022 $

*Calculate the annual cost, based on estimated need for (2) summer school buses needed for five weeks during the summer. In any given year during the contract term, the number of summer school buses required may be more or less than the estimated quantity. Any increase or decrease will be at the annual unit prices specified on this form.

34 IV. Extracurricular Buses for METCO programs:

Contract Price Per Mileage Annual Cost* Year Mile x 250 Mi. Annual Bid Price in Longhand 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (D) $

2020/2021 $ 2021/2022 $

Contract Price Per Hr Wait Time Year Wait Time Annual Cost * Annual Bid Price in Longhand x 20 Hrs. 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (E) $

2020/2021 $ 2021/2022 $

*Calculate the annual cost of 5 extracurricular buses, traveling 50 miles, with 4 hour wait time/each trip. In any given year during the contract term, the number of miles and wait hours may more or less than the estimated quantity. Any increase or decrease will be at the annual unit prices specified on this form.

V. Pick up/Drop-off of Bus Monitors

Incremental Per Diem Charge for Monitor Drop Off/Pick Up at Forest Hills (or other mutually agreed upon transit stop). Returning Monitor(s) to Boston (up to 1 Hour Per Day)

Contract Price Per Bus Annual Cost* Year Per Day x 1 buses x 180 days Annual Bid Price in Longhand 2017/2018 $ 2018/2019 $ 2019/2020 $ Three-Year Total (F) $

2020/2021 $ 2021/2022 $

* Calculate the additional cost of using ONE BUS to return monitors to designed spot at the completion of the morning run/pick up at beginning of afternoon run. This charge will be in addition to the Per Diem charge in part A above, and will be based on the estimated need for 1 buses for 180 days per year. In any given year during the contract term, the number of buses required may be more or less than the estimated quantity. Any increase or decrease will be at the annual unit prices specified on this form.

35 BID FORM III NEEDHAM PUBLIC SCHOOLS SCHOOL BUS TRANSPORTATION BID PRICES

Grand Total Price (A + B + C + D + E + F) = ______

Grand Total Price (in Longhand): ______

PROMPT PAY DISCOUNT:

The Bidder offers the following Prompt Payment Discounts for payment made by the Town within the number of days from the date of receipt of the invoice, or the date of the receipt of the product or service, whichever occurs later as follows:.

Prompt Payment Discount % Payment Issue Date w/in % 10 Days % 15 Days % 20 Days % 30 Days

BIDDER SIGNATURE: Signature: ______

Print Name: ______

Print Title: ______

Date: ______

36 Bid Form IV Needham Public Schools CERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS & NON-COLLUSION

I. Certificate of Compliance with Massachusetts Tax Laws:

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

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

BY:______Corporate Officer (if applicable)

II. Certificate of Non-Collusion:

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

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

______Signature of Individual Submitting Bid

______Print name of Person Signing Bid

______Name of Business or Entity

______Date Signed

37 Bid Form V Needham Public Schools CERTIFICATE OF CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of ______. (Name of Corporation) held on ______(1), at which all the Directors were present or waived notice, it was voted (Date) that ______of this corporation, be it he or she, hereby is (Name of Officer Authorized to Sign for Corporation) authorized to execute bid documents, contracts and bonds in the name ______(Corporate Office) and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any bid document or contract or obligation in this corporation’s name on its behalf under seal of the corporation, shall be valid and binding upon this corporation.

ATTEST: ______(Clerk or Secretary)

Place of Business:

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

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

______of said corporation, and that the above vote has not (Corporate Office) been amended or rescinded and remains in full force and effect as of the date set forth below. Affix Corporate Seal Here ATTEST: ______Date: ______(2) (Clerk or Secretary Date

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

38 BID FORM VI NEEDHAM PUBLIC SCHOOL DESCRIPTION OF BUS EQUIPMENT

The bidder proposes to use the following vehicles in accordance with required equipment specifications, for the provision of school bus transportation to the Needham Public Schools.

Bus Chassis Body Seating Current # Make Model Year Make Model Capacity Condition* Mileage **

39 BID FORM VI NEEDHAM PUBLIC SCHOOL DESCRIPTION OF BUS EQUIPMENT

Bus Chassis Body Seating Current # Make Model Year Make Model Capacity Condition* Mileage **

* Condition Rating: Fair, Good or Excellent

** Date Mileage Taken: ______

Company Name: ______

Signature: ______

Print Name: ______

Print Title: ______

40 APPENDIX A SHORT FORM AGREEMENT BETWEEN TOWN AND CONTRACTOR M.G.L. 30B Contract #

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

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

ARTICLE 1. AGREEMENT DOCUMENTS

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

1. This Agreement; 2. The Invitation For Bids, Bid Specifications, Request For Proposals Or Purchase Description; 3. The Contractor's Bid dated enter date; 4. Drawings required for the Project, if applicable and 5. Copies of all required bonds, certificates of insurance and licenses required under the contract;

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

ARTICLE 2. SCOPE OF THE WORK

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

ARTICLE 3. TERM OF AGREEMENT

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

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

41 ARTICLE 4. THE AGREEMENT SUM

The Town shall pay the Contractor for the performance of this Agreement a sum NOT TO EXCEED $______[enter amount in words dollars], including all reimbursable expenses.

ARTICLE 5. PAYMENT

The Town shall make payment as follows: a. The Town shall make payment thirty (30) after receipt of an invoice for work performed or materials supplied the previous month. b. With any invoice the Contractor shall submit evidence satisfactory to the Town that the goods or supplies have been delivered, or that the work has been completed and that all payrolls, material bills and other indebtedness connected with the work has been paid. The billings shall include, if applicable, all charges for consultants, subcontractors, plans, equipment, models, renderings, travel, reproductions, postage and delivery, and all other expenses. There shall not be any markup for overhead, administration or profit for any of the above-listed services. c. If for any reason the Town makes a payment under this Agreement in error, the Town may recover the amount overpaid or, if applicable, may apply any overpayment to a future installment payment. d. The Town is not responsible for payment of invoices sent to an address other than specified at the end of this Article. Furthermore the Town is not responsible for any Invoice that does not reference the Town’s Purchase Order number that encumbered the funds to pay for services provided under this Agreement. e. Invoices for services procured under this Agreement are to be sent to: Attn: manager, title address

ARTICLE 6. PROMPT PAYMENT DISCOUNTS

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

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

ARTICLE 7. TAX EXEMPT STATUS

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

ARTICLE 8. NONPERFORMANCE

In the case of any default on the part of the Contractor with respect to any of the terms of this Agreement, the Town shall give written notice thereof, and if said default is not made good within such time as the Town shall specify in writing, the Town shall notify the Contractor in writing that there has been a breach of the Agreement and thereafter the Town shall have the right to terminate this Agreement and secure the completion of the work

42 remaining to be done on such terms and in such manner as the Town shall determine, and the Contractor shall pay for the completion of such work and reimburse the Town for all expenses incurred by reason of said breach. The Contractor in case of such breach shall be entitled to receive payment only for work completed satisfactorily prior to said breach, so long as the total paid hereunder does not exceed the Agreement sum, and the amount of any balance due the Contractor shall be determined by the Town and certified to the Contractor.

ARTICLE 9. TERMINATION

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

The Town shall also have the right to immediate termination: 1. Any material misrepresentation made by the Contractor. 2. Any failure by the Contractor to perform any of its obligations under this Agreement including, but not limited to, the following:

i. failure to commence performance of this Agreement at the time specified in this Agreement due to a reason or circumstance within the Contractor's reasonable control; ii. failure to perform this Agreement with sufficient personnel and equipment or with sufficient material to ensure the completion of this Agreement within the specified time due to a reason or circumstance within the Contractor's reasonable control; iii. failure to perform this Agreement in a manner reasonably satisfactory to the Town; iv. failure to promptly re-perform within reasonable time the services that were rejected by the Town as erroneous or unsatisfactory v. discontinuance of the services for reasons not beyond the Contractor's reasonable control; vi. failure to comply with a material term of this Agreement, including, but not limited to, the provision of insurance and nondiscrimination; and vii. any other acts specifically and expressly stated in this Agreement as constituting a basis for termination of this Agreement.

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

ARTICLE 10. EMPLOY COMPETENT PEOPLE

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

ARTICLE 11. CHANGE IN SCOPE OF SERVICES

If this Agreement is pursuant to M.G.L. Ch. 30B, the Town may increase the quantity of supplies or services or both specified in this Agreement provided: 1. the unit prices remain the same or less; 2. the procurement officer has specified in writing that an increase is necessary to fulfill the actual needs of the Town and is more economical and practical than awarding another contract; 3. the Town and Contractor agree to the increase in writing; 4. the increase in the total Agreement price does not exceed 25 percent but a Agreement for the purchase of

43 gasoline, special fuel, fuel oil, road salt or other ice and snow control supplies shall not be subject to this limit; and 5. the Town, with the agreement of the Contractor, may reduce the unit price for supplies or services or both specified in an Agreement to be paid by the Town at any time during the term of the Agreement or when an option to renew, extend or purchase is exercised.

ARTICLE 12. NOTICE

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

The Town of Needham:

Anne Gulati, Director of Financial Operations Needham Public Schools 1330 Highland Avenue Needham, Massachusetts 02492

The Contractor:

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

ARTICLE 13. INSURANCE

1. The Contractor shall, at its own expense, obtain and maintain general liability and motor vehicle liability insurance policies protecting the Town in connection with any operations included in this Agreement, and shall have the Town as an additional insured on the Contractor’s liability policies, as noted in the RFP. General liability coverage shall be in the amount of at least $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury liability and $1,000,000 per occurrence and $3,000,000 aggregate for property damage liability. Motor vehicle coverage shall include coverage for owned, hired and non-owned vehicles and shall be in the amount of at least $1,000,000 per person and $3,000,000 per occurrence for bodily injury liability and $1,000,000 per occurrence for property damage liability.

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

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

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

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

ARTICLE 14. INDEMNIFICATION

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

ARTICLE 15. CORI CERTIFICATION

Services Do Require a CORI check Services Do Not Require a CORI check

If the above certification is checked "Services Do require CORI check," the Contractor hereby acknowledges the right of the Town to conduct a criminal background check on all individuals providing such services under this contract, in accordance with state law.

In accordance with G.L. c. 6, §§ 167-178B, the Town may request and obtain all available criminal offender record information (CORI) from the Criminal History Systems Board on any of Contractor’s employees who may have unsupervised contact with children, the disabled, or the elderly during the performance of their work under this Contract. The Town’s assessment of CORI records is based on regulations issued by the Executive Office of Health and Human Services, 101 C.M.R. 15.00-15.17.

Pursuant to G.L. c. 6, §§ 178C-178P, the Contractor also authorizes the Town to use local and national sexual offender registry information (SORI) to determine if any of the Contractor’s employees pose an unreasonable risk to children, the disabled, or the elderly during the performance of their work under this Agreement.

ARTICLE 16. MATERIALS AND WORKMANSHIP

Unless otherwise specified, all materials and equipment incorporated in the work under the Agreement shall be new. All workmanship shall be first class and by persons qualified in the respective trades.

ARTICLE 17. GUARANTEE OF WORK

1. Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment, or workmanship for one year from the date of final completion of the Contract.

2. If, within any guarantee period, repairs or changes are required in connection with guaranteed work, which in the opinion of the Town are rendered necessary as a result of the use of materials, equipment or

45 workmanship which are inferior, defective or not in accordance with the terms of the Contract, the Contractor shall, promptly upon receipt of notice from the Town and at its own expense:

3. Make goods and services conform to this Agreement;

4. Make good all damage to the Town, or equipment or contents thereof, which, in the opinion of the Town, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Agreement; and

5. Make good any work or material, or the equipment or site, which is disturbed in fulfilling any such guarantee.

ARTICLE 18. USE OF CONTRACTOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS

1. All Drawings, Specifications, and other documents (including sketches, computations, test data, survey results, photographs, renderings, models, and other material peculiar to the Services) prepared by the Contractor or Contractor’s Consultants shall become the property of the Town upon payment of sums due under the contract. The Town acknowledges the copyright of the Contractor and the Contractor’s Consultants.

2. TheTown may use the Drawings, Specifications and such other documents prepared by the Contractor or the Contractor’s Consultants as needed for the construction, maintenance, repair, or modification of the Project.

3. The Town shall hold the Contractor and the Contractor’s Consultants harmless and release from any claims arising out of any use of or changes to the documents made by the Town or his representatives during any other construction not a part of this contract.

4. Pursuant to Massachusetts General Laws, Chapter 7 Section 38H, paragraph (j), Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in the preparation of the bid documents, as reasonable determined by Town.

ARTICLE 19. GOVERNING LAW

This Agreement and performance hereunder are governed in all respects by the laws of the Commonwealth of Massachusetts and all other applicable by-laws and administrative rules, regulations and orders.

ARTICLE 20. CONSENT TO VENUE

1. The Contractor agrees that it shall commence and litigate all legal actions or proceedings arising in connection with this Agreement exclusively in the Dedham District Court or in the Norfolk Superior Court, both of which are located in the County of Norfolk, Commonwealth of Massachusetts. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation commenced by the Contractor, with respect to or arising out of this Agreement, in any court or forum other than those specified in this paragraph.

2. It is further agreed that the parties to this Agreement hereby waive their rights to a jury trial.

46 3. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or objection to venue with respect to any proceeding brought in accordance with this Article and stipulates that the Norfolk Division of the Superior Court Department of the Massachusetts Trial Court shall have in personam jurisdiction and venue over each of them for the purposes of litigating any dispute, controversy, or proceeding out of or related to this Agreement. In the event the Contractor commences suit or other proceeding in any other court or forum, it agrees to immediately dismiss its suit or other proceeding and if it fails to do so and the Town acts to dismiss or otherwise dispose of the suit, the Contractor shall dismiss its suit and be liable to the Town for the reasonable legal fees and costs needed to have the matter dismissed.

4. The Contractor hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by these paragraphs by postage prepaid, registered mail, return receipt requested, to its address as set forth in this Agreement.

5. The Contractor shall not enter into any agreement with or employ the services of any subcontractor unless the agreement with the subcontractor provides that the subcontractor is subject to and will comply with the provisions of this Article.

ARTICLE 21. WORK PRODUCT

Upon payment of all amounts due under this Agreement, the Town shall become the owner of all work product, specifications, plans, maps, data, conclusions, computations and electronic data created under this Agreement. The Town agrees that the information contained therein was produced specifically for this Agreement and agrees to hold the Contractor harmless from any liability of the Town’s use of these documents in any future project not directly related to the subject matter of this Agreement. Prior to engaging the services of any Subcontractor the Contractor shall provide to the Town in writing from the Subcontractor that he assents to this Work Product Article.

ARTICLE 22. SUBCONTRACTING

The Contractor shall not subcontract any of the work, which it is required to perform under this Agreement to any corporation, entity or person without the prior written approval of the Town.

ARTICLE 23. INDEPENDENT CONTRACTOR

All of the services to be performed under the terms of this Agreement will be rendered by the Contractor as an independent contractor. None of the terms of this Agreement shall create a principle-agent, master-servant or employer-employee relationship between the Town and the Contractor.

ARTICLE 24. BINDING AGREEMENT AND ASSIGNMENT OF INTEREST

This Agreement shall be binding upon the Town and the Contractor and the partners, successors, heirs, executors, administrators, assigns and legal representatives of the Town and the Contractor. Neither the Town nor the Contractor shall assign, sublet or transfer any interest in this Agreement without the written consent of each other, and such consent shall not be unreasonably withheld.

ARTICLE 25. PREVAILING WAGE RATES

If the work under this Agreement involves the construction of public works the Contractor agrees to pay the prevailing wage and comply with Massachusetts General Laws, Chapter. 149, §§ 26 - 27D and a Statement of

47 Compliance is included in the Contract Documents. Pursuant to Massachusetts General Laws, Chapter. 149 §§ 26 & 27B, the Contractor (and every Subcontractor) shall file weekly certified payroll records with the Town for all employees who have worked on the Project. The Town and the Contractor must preserve said records for a period of not less than three years.

ARTICLE 26. CONFLICT OF INTEREST

By execution of this Agreement with the Town, the Contractor acknowledges that the Town is a municipality for the purposes of Massachusetts General Law Chapter 268A (the Massachusetts conflict of interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the Contractor based on said statute.

ARTICLE 27. CONFIDENTIALITY

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

ARTICLE 28. RECORD-KEEPING AND RETENTION, INSPECTION OF RECORDS.

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

ARTICLE 29. SEVERABILITY

If a court declares one or more of the provisions of this Agreement invalid, the validity of the remaining provision of this Agreement shall not be affected thereby.

ARTICLE 30. CERTIFICATIONS

By executing this Agreement, the Contractor under the pains and penalties of perjury, makes all certifications required under the certifications listed below, and has provided all required documentation and disclosures, or shall provide any required documentation upon request.

The Contractor is qualified and shall at all times remain qualified to perform this Agreement; that performance shall be timely and meet or exceed industry standards, including obtaining requisite licenses, registrations, permits and resources for performance; and that the Contractor shall provide access to records to town officials; and the Contractor certifies that the Contractor and any of its subcontractors are not currently debarred or suspended by the federal or state government under any law or regulation.

The Contractor shall comply with all applicable federal, state, and local laws and regulations.

The Contractor certifies that there is no authorization to deliver performance for which compensation is sought under this Agreement prior to the effective date and that any oral or written representations, commitments or assurances made by a Town representative are not binding and the Town may not back-date this Agreement in

48 order to cover the delivery of performance prior to the Effective date. The Town has no legal obligation to compensate a Contractor for performance that is not requested and is intentionally delivered by the Contractor outside the scope of the Agreement.

The Contractor certifies it has not been in bankruptcy and/or receivership within the last three calendar years, and the Contractor certifies that it will immediately notify the Town in writing if there is any risk to the solvency of the Contractor that may impact the Contractor’s ability to timely fulfill the terms of this Agreement.

The Contractor shall affirmatively disclose the details of any pertinent judgment, criminal conviction, investigation or litigation pending against the Contractor or any of its officers, directors, employees, agents, or subcontractors of which the Contractor has knowledge, or learns of during the Agreement term. Contractors must affirmatively disclose any potential structural change in its organization at least 45 days prior to the change.

If incorporated, the Contractor certifies that it has identified the Contractor’s state of incorporation, and the Contractor certifies compliance with all filing requirements of both the incorporating state and the Massachusetts Secretary of State. If the Contractor is a foreign corporation, the Contractor certifies compliance with all requirements for certification, reporting, filing of documents and service of process.

If an employer, the Contractor certifies compliance with applicable state and federal employment laws or regulations, including but not limited to minimum wages and prevailing wage programs and payments; unemployment insurance and contributions; workers’ compensation and insurance, child labor laws, AGO fair labor practices; G.L. c. 149 (Labor and Industries); G.L. c. 150A (Labor Relations); G.L. c. 151 and 455 CMR 2.00 (Minimum Fair Wages); G.L. c. 5, s. 1 (Prevailing Wages for Printing and Distribution of Public Documents); G.L. c. 151A (Employment and Training); G. L. c. 151B (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); G.L. c. 152 (Workers’ Compensation); G.L. c.153 (Liability for Injuries); 29 USC c. 8 (Federal Fair Labor Standards); 29 USC c. 28 (Federal Family and Medical Leave Act; AGO Consumers and Civil Rights.

Federal And State Laws And Regulations Prohibiting Discrimination including but not limited to the Americans with Disabilities Act,; 42 U.S.C Sec. 12,101, et seq., Disability Law Resources; the Rehabilitation Act, 29 USC c. 16 s. 794; 29 USC c. 16. s. 701; 29 USC c. 14, 623; the 42 USC c. 45; (Federal Fair Housing Act); G. L. c. 151B (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); the Public Accommodations Law G.L. c. 272, s. 92A; G.L. c. 272, s. 98 and G.L. c. 272 s. 98A; the Massachusetts Constitution Article CXIV and G.L. c. 93, s. 103; 47 USC c. 5, sc. II, Part II, s. 255 (Telecommunication Act; Chapter 149, Section 105D, G.L. c. 151C, G.L. c. 272, Section 92A, Section 98 and Section 98A, and G.L. c. 111, Section 199A.

ARTICLE 31. CERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS

The Contractor certifies Tax Compliance with Federal tax laws; State tax laws including G.L. c. 62C, G.L. c. 62C, s. 49A (the Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support and is in good standing with respect to all returns due and taxes payable to the commissioner of revenue); reporting of employees and contractors under G.L. c. 62E, withholding and remitting child support including G.L. c. 119A, s. 12;

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

BY:______Corporate Officer (if applicable)

IN WITNESS WHEREOF the parties hereto have executed THREE (3) copies of this Agreement the day and year first above written.

CONTRACTOR: ______

By*: ______

Title: ______

* My signature above certifies that I am duly authorized, or that I have attached a signed Certificate of Vote from my Board of Directors giving me authority, to sign this Contract.

TOWN OF NEEDHAM, by its School Committee

______

This is to certify that this procurement was made on behalf of the Town of Needham in accordance with the requirements of M.G.L., Ch. 30B.

______Chief Procurement Officer Date:

This is to certify that the funds have been appropriated by the Town of Needham for the purposes set forth in the Contract herein.

A/C#:

______Town Accountant Date:

Approved As To Form:

50 ______David S. Tobin, Town Counsel Town of Needham

Date:

51 APPENDIX B ACKNOWLEDGEMENT OF RECEIPT

Release Date March 10, 2017 9:00 AM Bid Title School Bus Transportation Services for METCO Students

Bid Number 17SCH130G

Pre-Bid Conference March 15, 2017 10:00 AM

Questions Due March 30, 2017 12:00 PM

Bids Due April 7, 2017 10:00 AM

Please provide the requested information below as acknowledgment that you have received our bid package noted above. It is recommended that interested bidders complete this acknowledgment and return via Fax to the Town of Needham, Needham Public Schools at 781-455-0434 or by mail. Only by doing this, will the Town be able to provide notification of addenda* or answered questions relating to this Bid. Only those companies or individuals shown on the Distribution Register will be sent addenda to this Bid. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register. Proposals from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Name of Company or

Individual (Print) Name/ Title of Contact

(Print) Address (Line 1)

Address (Line 2)

Telephone Number

Fax Number

Email Address (Print)

Signature

Date

* Addenda will be posted to the website. Please check the website before submitting your bid to the Needham Public Schools. Bidders who access the bid package from the Town’s website are responsible for checking the website periodically for any addenda that may be issued by the Needham Public Schools

APPENDIX C PREVAILING WAGE RATES

APPENDIX D METCO BUS ROUTES 2016-17

Bus 1 Morning Route Approximate Start time 6:45 Approximately 4-6 pick up stops Drop off 8:00 Eliot Elementary School 135 Wellesley St. Needham MA 8:10 William Mitchell School 187 Brookline St. Needham, MA Broadmeadow Elementary 120 Broad Meadow Rd. Needham, 8:15 School MA 8:20 Congregational Church 1154 Great Plain Ave. Needham, MA 8:30 Newman School 1155 Central Ave. Needham, MA

Bus 1 Afternoon Route Approximate Start time 13:55 Depart yard Pick/Up Broadmeadow Elementary 120 Broad Meadow Rd. Needham, 14:30 School MA 14:45 William Mitchell School 187 Brookline St. Needham, MA 15:00 Newman School 1155 Central Ave. Needham, MA 16:55 Approximately 4-6 drop off stops

Bus 2 Morning Route Approximate Start time 6:45 Approximately 4-6 pick up stops Drop off 8:00 Eliot Elementary School 135 Wellesley St. Needham MA 8:10 Hillside Elementary School 28 Glen Gary Rd. Needham, MA 8:30 Newman School 1155 Central Ave. Needham, MA 8:50 Return to yard w/ Monitors

Bus 2 Afternoon Route Approximate Start time 13:45 Depart yard Pick/Up 14:25 Eliot Elementary School 135 Wellesley St. Needham MA 14:40 Hillside Elementary School 28 Glen Gary Rd. Needham, MA 15:00 Newman School 1155 Central Ave. Needham, MA 16:20 Approximately 4-6 drop off stops

54 Bus 3 Morning Route Approximate Start time 6:25 Approximately 3-5 pick up stops Drop off 7:30 Needham High School 609 Webster St. Needham, MA 7:40 High Rock School 77 Ferndale Rd. Needham, MA 7:45 Pollard Middle School 200 Harris Ave. Needham, MA

Bus 3 Afternoon Route Approximate Start time 13:15 Depart yard Pick/Up 14:00 High rock School 77 Ferndale Rd. Needham, MA 2:10 Pollard Middle School 200 Harris Ave. Needham, MA 2:35 Needham High School 609 Webster St. Needham, MA 16:00 Approximately 3-5 drop off stops

Bus 4 Morning Route Approximate Start time 6:30 Approximately 3-5 pick up stops Drop off 7:30 Needham High School 609 Webster St. Needham, MA 7:40 High Rock School 77 Ferndale Rd. Needham, MA 7:45 Pollard Middle School 200 Harris Ave. Needham, MA

Bus 3 Afternoon Route Approximate Start time 13:30 Depart yard Pick/Up 14:15 Pollard Middle School 200 Harris Ave. Needham, MA 14:45 Needham High School 609 Webster St. Needham, MA 14:50 Highrock School 77 Ferndale Rd. Needham, MA 16:00 Approximately 5-7 drop off stops

55 APPENDIX E NEEDHAM PUBLIC SCHOOLS OPERATION SPECIFICATIONS & EXPECTATIONS

I. Dispatching and Supervision

1. The Contractor shall employ a Dispatcher and Supervisor, who will work in harmony with the School Transportation Director. (These positions may be combined into a single position to save money.)

2. The Contractor will provide and maintain an emergency beeper or cell phone system so that the Town can make contact with the Dispatcher and Supervisor at all times while any buses are in service for Needham Public Schools, pursuant to these specifications.

3. The Contractor's Supervisor and Dispatcher must be named prior to the effective date of the contract and must be accessible to meet on site with the Transportation Director daily and must be accessible by phone or radio between 6:45 a.m. and 4:00 p.m. each day school is in session, and during times when extra-curricular or parks and recreation trips are conducted.

4. Dispatching:

A. A qualified Dispatcher must be available at all times while any bus is in service for Needham, including all transportation to and from school, transportation between schools and all educational, athletic and other student-related trips.

B. The Dispatcher must be thoroughly familiar with Needham METCO bus routes as well as the geography of Boston and Needham. The Dispatcher must have sufficient training to handle effectively routine communication and emergency contact between drivers, dispatch base and relevant school officials, solve problems related to driver assignments, implement emergency plans to counteract service disruptions, and maintain the highest level of service on a daily basis. The Dispatcher must ensure drivers' timely and accurate preparation and filing of incident and accident reports, Time Checks and Head Counts before drivers are released from duty.

5. Supervision:

A. The Contractor must employ a qualified Supervisor for the Needham contract who will work with the Dispatcher. The Supervisor must be thoroughly familiar with METCO bus routes as well as the geography of Boston and Needham. The Supervisor must be on call by pager or cell phone while any bus is in service for Needham.

B. The Supervisor’s duties shall include, but are not limited to, the following:

a. Conferring with the Needham Public Schools (NPS) Transportation Director regarding schedules, bus stops, routes, ridership, student conduct, accidents, vandalism, driver performance, safety related matters and emergencies. The Supervisor shall report to the NPS Transportation Director at least once per day and upon request by NPS.

56 APPENDIX E NEEDHAM PUBLIC SCHOOLS OPERATION SPECIFICATIONS & EXPECTATIONS

b. Investigating complaints including service irregularities, driver performance and conduct, student behavioral problems, and vandalism. In each case, the Contractor is responsible for providing an immediate oral report of any incident upon occurrence, submitting an initial written report to the NPS Transportation Director, including all names of offenders and a specific description of the incident, within two (2) hours of any incident. The Contractor must submit a final written report with resolution before the NPS close of business on the day of the incident for any morning incident, and within one (1) hour of the opening of business the next day for any afternoon incident. Drivers must not be released from duty at the conclusion of routes until incident reports are complete, on file and comprehensible.

c. Visiting schools and bus stops to monitor compliance with bus schedules and conferring regularly and in person with school representatives as directed by NPS Transportation.

d. Scheduling and overseeing all school bus evacuation drills, in harmony with the NPS Transportation Director.

e. Spot checking driver adherence to schedules, stops and safe driving practices, including observing a particular route at the request of the NPS Transportation Director.

f. Working with the NPS Transportation Director, Town Safety Officer, and Needham Police Departments on safety issues including traffic congestion, parking problems and incidents where drivers of private vehicles violate motor vehicle rules regarding school bus safety.

D. Accident Procedures: In the event of an accident involving any of the Contractor's vehicles while in service for the Town of Needham, the bus driver shall immediately notify the Dispatcher and the Dispatcher shall immediately notify the Police Department and School Transportation Director. The Contractor should instruct its drivers to identify all passengers on board at the time of the accident and to require that all passengers remain at the scene until the Supervisor arrives, subject, however, to contrary directions of emergency personnel. The Dispatcher shall contact the NPS Transportation Director by telephone no later than thirty (30) minutes after the accident. The Dispatcher shall dispatch the Supervisor to the scene of the accident after contacting the police. The Supervisor shall confirm the names of all passengers who were on the vehicle at the time of the accident and, if passengers are transported from the scene for medical attention, the Supervisor shall confirm the names of the injured and the destination(s) to which the injured were transported.

E. Contractor Reports: The Contractor shall file a preliminary written accident report with NPS no later than the close of the business day on which the accident occurred. For any accident that occurs after NPS' close of business (after 5:00 p.m.), such accident report shall be filed within one (1) hour of the opening of business the next day. The Contractor shall ensure that drivers are not released from duty until complete, clearly written accident reports are on file. The Contractor shall file a final written report completed by the Supervisor, within twenty-four (24) hours of the accident. Such final written report shall include the driver’s written report (including an “Operator’s Report” whenever such report is required to be completed by state law) and a written assessment of the accident prepared by the Supervisor.

57 APPENDIX E NEEDHAM PUBLIC SCHOOLS OPERATION SPECIFICATIONS & EXPECTATIONS

Needham Public School shall also receive a copy of the official Police/DMV report. The written report (if the condition of the driver permits,) should be filed within four hours of the accident/incident with the contractor who will in turn fax it immediately to the Needham Transportation Director. Needham Public Schools will receive copies of any and all vehicular/criminal citations evolving from such accidents/incidents.

F. The Needham School Department will be notified of all accidents that occur within the Town of Needham. For all accidents occurring outside the Town of Needham, the Contractor shall obtain Police reports from the Police Department that has jurisdiction for the location where the accident occurred. The Contractor shall request Police Reports, in writing, from all other municipalities (except Needham) and shall copy the NPS Transportation Office on said request. Police Reports from municipalities other the Needham shall be provided to NPS within twenty-four (24) hours of receipt by the Contractor and all such Police Reports shall be date-stamped by the Contractor as to the date of receipt.

G. Student Discipline: Drivers shall comply with all reasonable regulations set forth by the School Department covering the conduct of pupils on the bus. Whenever student disciplinary difficulties arise, the Contractor shall inform the NPS Transportation Director within thirty (30) minutes and follow up with a written report (completed by the driver) to be sent to the NPS Transportation Director by the Contractor within twenty-four (24) hours of the incident.

In no case will a driver eject a student from a bus for misbehavior. If the driver believes that ejection is warranted, the driver is required to return to the school and advise both the Principal and School Transportation Director. The NPS Transportation Director may request the transfer or withdrawal of any driver or monitor unable to maintain reasonable discipline in the vehicle

II. Training

A. The Contractor agrees to designate one employee as a Certified School Bus Driver Safety Training Officer. The School Bus Safety Training Officer shall be responsible for the training of all new school bus drivers, with or without previous school bus driving experience, in accordance with the specifications found elsewhere in this Bid and the procedures established by the Contractor. The School Bus Safety Training Officer also shall ride with every first year driver (including substitute drivers) not less than twice per year, and every other driver at least once per year, for the purpose of observing their driving practices with respect to safety, mechanical operation, conformance with applicable laws, rules and regulations, and adherence to established time schedules. Reports of these safety procedures shall be submitted semiannually to the School Transportation Director. The School Bus Safety Training Officer may be assigned other duties by the Contractor, provided that such duties shall not interfere or impede his/her prime responsibilities as School Bus Safety Training Officer. The School Bus Safety Training Officer will provide specific training as required by the School Transportation Director.

B. The Contractor agrees that the Supervisor,/Dispatcher and the School Bus Training Officer will work under the supervision of and in harmony with the School Transportation Director.

58 APPENDIX E NEEDHAM PUBLIC SCHOOLS OPERATION SPECIFICATIONS & EXPECTATIONS

C. The Contractor shall arrange compulsory Driver-Training and Safety Programs which drivers must attend before they are allowed to drive under the Needham contract. The course shall address student, staff and public interaction (including sexual harassment); safe driving habits (including evacuation drills); proper use of two-way radios, wheelchair lifts and restraints; and emergency procedures in accordance with State laws and Town guidelines. (All drivers shall have at their disposal an emergency cleanup kit containing rubber gloves, paper towels, plastic bags, handi-wipes and a germicide, and be instructed as to its use.) All drivers must attend the course annually. New drivers hired during the year are under the same obligations. The Contractor must submit to the NPS Transportation office the program description and attendance sheets within one week after completing the program. Town of Needham staff shall be invited to observe and participate in the training and safety programs at their discretion.

A. The Contractor is required to have a Driver Substance Abuse Policy for the duration of the Contract, available to the Needham Public Schools upon request.

III. Drivers and Driving Rules

1. Number of Drivers

A. Permanent Drivers: The Contractor must employ a sufficient number of permanent drivers to be able to assign one to each bus in service to Needham. In addition, the Contractor shall have a pool of drivers who have received the same training as the regular drivers and are readily available for substitutions. The Contractor shall make a concerted effort to keep driver turnover to a minimum, and maintain consistent bus assignments. The NPS Transportation Director, however, reserves the right to demand a change of drivers at any time without written notice.

B. Substitute Drivers: The Contractor shall have a sufficient number of substitute drivers who must be available to provide service at all times while buses are in service for NPS such that there are no interruptions in regularly scheduled service.

Substitute drivers must be experienced, familiar with the existing routes and licensed at the same level as permanent drivers under this contract. Needham does not allow a grace period for unlicensed drivers.

C. All drivers shall be licensed in accordance with the Commonwealth of Massachusetts General Laws. The Contractor must submit a list of all drivers’ names, addresses, birth dates, license numbers and expiration dates, and bus assignments to the NPS Transportation office by August 1 of each year. Additionally, the Contractor shall (at no cost to the Town) require each driver to undergo an annual physical examination with TB test, and drug test. The Contractor shall maintain the driver’s health records and shall provide evidence of the above, including history of chicken pox to the NPS Transportation Office by August 1 of each year. The Contractor also shall attest to the fact that all drivers listed passed a Driver Training and Safety Program. The Contractor shall maintain a personnel file for each employee connected to the performance of this contract. The files shall include the history of each driver while in the employ of the Contractor. The Town reserves the right to request the complete personnel file of any Contractor's employee involved in an accident or incident while providing transportation

59 pursuant to an investigation of employee misconduct connected to the performance of this contract. In the interests of the safety and well being of students, drivers must be able to communicate clearly with the Dispatcher to provide assistance and respond to emergencies. All drivers including the spare or anyone that drives under any circumstances for the Town of Needham - will have National Commercial Driver's License. Needham does not allow a grace period for drivers who are not licensed. The Needham Public Schools reserves the right to submit written reports, recommendations and/or reprimands to all driver's personnel files

D. Prevailing Wage Rates: School bus drivers shall be paid based on the prevailing wage rates in accordance with Commonwealth of Massachusetts General Laws, Chapter 71, Section 7A. (The applicable wage rates are found in Appendix C.)

E. The Contractor shall employ careful, temperate and courteous drivers. The Contractor shall not permit rude, flirtatious or abusive behavior or language by drivers toward students, school personnel or the public. All drivers shall prominently display a photo ID badge containing the driver's name, ID number and the Contractor's name.

F. Drivers shall maintain proper attire and a high standard of personal hygiene at all times. Long hair must be tied back, braided or put on the top of the head to keep out of the driver's eyes. The following articles of clothing are not permitted: tank tops, body shirts, spandex tights, ponchos, sandals, flip-flops, moccasins, cowboy hats, high heels (limit 1-1/2"), and clothing or buttons judged by the Superintendent of Schools to be offensive. All buses shall be smoke-free, i.e., there shall be no smoking permitted on the buses at anytime. (This also means that even when students are not aboard (between runs) buses, there will be no smoking. The bus should not have the odor of smoke.)

G. While performing services encompassed by this contract, drivers are not permitted to carry unauthorized passengers, pets or cargo, or smoke, or distribute foods, beverages or other substances to passengers. There is also no smoking anywhere on school property.

H. Driver Route Training and Safe Operation: The Contractor shall provide each driver with a copy of the relevant route schedule and a map. On-the road training shall include the actual routes to which the driver will be assigned. Drivers must complete a sufficient number of dry runs to insure familiarity with the routes such that drivers will be able to complete the routes within the scheduled times. Drivers shall always operate buses with the highest degree of safety and never allow the number of passengers to exceed the bus capacity. There shall be no standees; the driver shall not move the bus until every student is seated. Drivers must remain on their respective buses at all times when passengers are onboard and while picking up or discharging students on school property except in cases of emergency. Drivers shall stop only at designated stops. Drivers shall never leave the bus with the engine running and shall not allow the bus to idle more than five (5) minutes. Upon the completion of each bus trip, the driver shall perform a walk through inspection for students napping, lost property, vandalism and trash. Drivers, substitutes and spare must have driven the assigned route on a ‘trial basis’ prior to actually transporting students.

The Contractor and all drivers will uniformly require children, when leaving the bus, and crossing the road to the opposite side, to pass in front of the bus, taking due caution with the traffic; and the driver will keep the bus standing with the door open so that the flashing lights and “stop arm” will continue to

60 operate until the child has reached the other side of the road safely and all possibility of accident has passed. The driver shall caution the child of any approaching traffic from either direction.

I. I. Route Verification: As routes commence and proceed, drivers shall record Head Counts and Time Checks by bus stop (on forms provided by NPS), which shall be filed with the Dispatcher immediately upon completion of each run. The Contractor shall supply NPS with daily documentation of Head Counts and Time Checks until precise route times are established by NPS. Additionally, accurate daily Head Counts and Time Checks must be recorded and submitted by the Contractor to NPS for any bus schedules delayed by five (5) or more minutes and/or whenever a substitute driver covers a route. When a new driver is assigned to a route, accurate daily Head counts and Time Checks must be recorded and submitted for a minimum of two (2) weeks. NPS reserves the right to request that the Contractor record and submit Head Counts and Time Checks at any time in order to verify ridership and adherence to routes, schedules and bus stops.

61 APPENDIX F CORI REQUEST FORM