City of Salem

Invitation for Bids

IFB No. 27-09-SPS

Wheelchair-Accessible Field Trip Transportation Services

August 3, 2026

BIDS DUE:

August 18, 2026 at 11:00 AM

*Late bids will be rejected

Anthony Delaney Chief Procurement Officer

93 Washington Street, 2nd Floor Salem, MA 01970 adelaney@salem.com

(978) 619-5696

STUDENT TRANSPORTATION

27-09-SPS

COVER SHEET

PLEASE PRINT OR TYPE:

Name of Bidder:

Contact Individual:

Address:

# Street City/Town State Zip Code

Phone:

Alternate Phone:

Email Address: Social Security/Federal Tax Identification Number:

Authorized Signature:_______________________________________

STUDENT TRANSPORTATION

27-09-SPS

BIDDER’S CHECKLIST

Submission Requirements:

Please Check:

❒ Completed Cover Sheet

❒ Bidder’s Checklist (this sheet)

❒ Bid Form

❒ Required Certifications o Certificate of Non-Collusion o Signed Tax Compliance Certification o Certificate as to Corporate Bidder o Prevailing Wage Certification o CORI Acknowledgement

❒ Submittals o Letter of Transmittal o Company Profile o Contract List (Form)

❒ Acknowledgement of Addenda (if applicable):

Addenda #1 Date:______________ Addenda #2 Date:______________ Addenda #3 Date:______________

Minimum Requirements:

Y N

Bidder’s references must indicate successful performance of wheelchair accessible transportation at a minimum of three (3) school systems similar to Salem Public School and/or the performance of special education pupil transportation services at a minimum of five (5) school systems similar to Salem Public Schools.

Bidder must not have had a contract terminated for cause.

Bidder’s financial statement must indicate the ability to successfully perform the contract.

All buses used must be in a condition sufficient to successfully perform the scope of services defined in this contract. Vendors must have at least two wheelchair accessible vehicles.

Bidders must possess and comply with all required and necessary licenses specified by Federal, State and/or Local authorities to deliver the services specified in this Invitation for Bids.

Buses must have current Massachusetts registration and a valid inspection sticker, and all vehicles must be equipped with GPS trackers, safety cameras, and two-way radios, with full access provided to SPS Transportation.

PART 1. GENERAL INFORMATION

1.1 PROCUREMENT DESCRIPTION

The Salem Public School District (‘District’) is seeking bids from qualified contractors to provide Wheelchair- Accessible Field Trip Transportation Services for students enrolled in the Salem Public Schools s for three (3) years, 2026-27, 2027-28, and 2028-29, with the option to extend the contract for two one-year terms, academic years 2029-30 and 2030-31.

The base bid solicits pricing for wheelchair accessible field trips. This includes all field trips within and beyond Salem that include students who use wheelchairs. For planning purposes, wheelchair accessible field trips are expected to require one wheelchair vehicle as well as one or more large vehicles (77 passengers). The Salem Public Schools estimates that there will be an estimated 20-35 field trips per year that require wheelchair accessible vehicles.

Field trips will follow times scheduled by the schools. The contractor shall ensure that dispatch is available during all hours of operation to coordinate trips, respond to schedule changes, and address any transportation-related issues promptly.

The District intends to award the contract for Wheelchair-Accessible Field Trip Transportation Services to the responsive and responsible bidder offering the lowest price for the base bid. .

1.2 APPLICABLE LAW

This procurement will be conducted pursuant to Massachusetts General Laws Chapter 30B, Section 5.

1.3 APPROVAL

Any contract that may result from the procurement shall be subject to the approval of the Mayor of the City of Salem.

1.4 INCORPORATION BY REFERENCE

All requirements, specifications, terms and conditions described in this Invitation for Bids shall be incorporated by reference into any contract that may result.

1.5 TIME FOR AWARD

Any contract that may result from the procurement shall be awarded within thirty (30) days after the bid opening. The time for award may be extended for up to 45 days by agreement between the City and apparent low bidder.

1.6 RIGHT TO CANCEL/REJECT

The City reserves the right to cancel this Invitation for Bids or reject in whole or in part any and all bids if the City determines that cancellation or rejection serves the best interests of the City.

1.7 TAXATION

Purchases made by the City are exempt from the payment of Federal excise tax and the payment of Commonwealth of Massachusetts sales tax and any such taxes must not be included in the bid pricing.

Copies of the City’s tax exempt paperwork shall be available upon request of the selected contractor.

1.8 OBTAINING THE INVITATION FOR BIDS

The Invitation for Bids and related documents shall be available for free download from the City’s Purchasing Department website at https://www.salem.com/bids

Hard copies of the Invitation for Bids and related documents may be obtained at the Office of the Chief Procurement Officer, 93 Washington Street, 2nd Floor, Salem, MA 01970, between the hours of 8:00 AM-4:00 PM on Monday- Wednesday, 8:00-7:00 PM on Thursday, and 8:00 AM-12:00 PM on Friday.

PART 2. INSTRUCTIONS TO BIDDERS

2.1 REQUIREMENTS AND SUBMISSIONS

Below please find a description of the requirements and submissions that must be included as part of a bid. Bids must be sealed and marked as noted.

2.1.1 BID DEPOSIT

Not applicable

2.1.2 BID PRICING FORM

Every bid must include a completed ‘Bid Form’. See attached. All material, equipment and labor is F.O.B. City of Salem. (Attachment A)

2.1.3 NON-COLLUSION

Every bid must include a certification of good faith, certifying that the bid was made in good faith and without collusion or fraud. See ‘Non-Collusion Form’ attached. (Attachment B)

2.1.4 TAX COMPLIANCE

Every bid must include a written certification that the bidder has complied with all state laws relating to taxes, reporting of employees and contractors, and child support. See ‘Tax Compliance Form’ attached. (Attachment B)

2.1.5 CORPORATE BIDDER

If the bid is being submitted by a corporation, the bid must include a certification that the individual submitting the bid has been authorized to bind the corporation. See ‘Certificate of Corporate Authority’ attached. (Attachment B)

2.1.6 PREVAILING WAGE

Wages for this project are subject to the prevailing wage rates as set by the Department of Labor Standards. A copy of the prevailing wage rates for this project is included in the Invitation for Bids, along with a Payroll Record Form and Statement of Compliance.

Prevailing wage rate sheets for transportation of pupils for a city, town, or school district having a population of sixteen thousand or over, remain in effect for the duration of the contract term. Any exercise of an option to renew or extend the contract term shall include updated prevailing wage rates. Certified Weekly Payroll documents shall be sent to the Office of the Chief Procurement Officer, 93 Washington Street, 2nd Floor, Salem, MA 01970. Payroll records must be sent three (3) business days after the close of the previous work week. See ‘Certification Regarding Payment of Prevailing Wage Rates’ attached. (Attachment B)

2.1.7 SUBMITTALS

1. Letter of Transmittal signed by an individual authorized to bind the bidder to the terms of the bid.

2. Company Profile:

a. Organizational chart

b. Ownership Information

c. Resumes of key personnel

3. List of all pupil transportation contracts and a list of all wheelchair-accessible vehicle transportation contracts currently held by bidders within the last five (5) school years, from 2020-2021 school year on.

(Attachment E)

a. For each contract please list:

i. School system, name and address

ii. Contact person, name, phone number and email

iii. Number of students transported

iv. Number of buses used, including passenger size

v. Contract Amount

vi. If/when the contract was terminated and why.

4. Vehicle Information for vehicles to be utilized under this contract. (Attachment F)

a. Year

b. Make

c. Model

d. Mileage

e. Seating Capacity

f. Current Condition

g. Ownership Status

2.2 BID DELIVERY

Below please find a description of the manner in which sealed bids must be submitted.

2.2.1 DUE DATE AND TIME

Bids shall be received by the Office of the Chief Procurement Officer on or before 11:00 AM, August 18, 2026

Any bid received after that time shall be rejected as non-responsive. For a matter of uniformity, the Time Stamp Clock located in the Purchasing Office shall be the sole determinant of the time.

2.2.2 ADDRESS

Sealed bids shall be delivered to the Office of the Chief Procurement Officer, 93 Washington, 2nd Floor, Salem MA 01970.

2.2.3 HOURS OF OPERATION

Bids must be delivered during the normal hours of operation of the City of Salem:

Monday-Wednesday: 8:00 AM-4:00 PM Thursday: 8:00 AM-7:00 PM Friday: 8:00 AM-12:00 PM

2.2.4 COPIES

Bidders must submit one (1) original and one (1) copy of the bid.

2.2.5 LABELING

The outside of the envelope containing the sealed bid must be labeled with 1) the bid number 2) the bid opening date and time and 3) the name of the bidder.

2.3 SIGNATURES

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

2.4 QUESTIONS, CHANGES, MODIFICATIONS AND WITHDRAWALS

2.4.1 QUESTIONS/REQUESTS FOR CLARIFICATION

Questions concerning this Invitation for Bids must be submitted in writing, via e-mail to: Anthony Delaney at adelaney@salem.com at least five (5) days prior to the bid opening date. Written responses will be emailed to all bidders on record as having picked up the Invitation for Bids.

2.4.2 CHANGES

If any changes are made to this Invitation for Bids, addenda will be issued. Addenda will be posted in the Office of the Chief Procurement Officer, on the website and e-mailed to all bidders on record as having picked up the Invitation for Bids.

2.4.3 MODIFICATIONS AND WITHDRAWALS

A bidder may correct, modify, or withdraw a bid by written notice received by the City of Salem prior to the time and date set for bid opening.

Modifications must be submitted in a sealed envelope clearly labeled "Modification No.__" to the address listed in part one of this section. Each modification must be numbered in sequence, and must reference the Invitation for Bids.

After the bid opening a bidder may not change any provision of the bid in a manner prejudicial to the interests of the City or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

2.5 UNFORESEEN OFFICE CLOSURES

If, at the time of the scheduled bid opening, 93 Washington Street, Salem, MA 01970, is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 11:00 AM on the next normal business day. Bids will be accepted until that date and time.

2.6 BID OPENING PROCEDURE

At the time and place fixed for opening of bids, the City will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. If present, a face mask/covering will be required by all those in attendance and proper social distancing practices shall be adhered to.

PART 3. SCOPE OF SERVICES

3.1 All bus cameras, tablets, radios, and GPS devices shall be in proper working order. The SPS Transportation

Department shall have access to radios to communicate with drivers at all times. A thorough inspection report of all devices listed above shall be submitted to the SPS Transportation Department at least one week prior to the start of each school year

3.2 At least two (2) buses available for field trips shall be wheelchair accessible. If, at any time, the need for more wheelchair accessible buses arises, the contractor agrees to provide a vehicle with the required equipment within thirty days of written notification.

3.3 Standees will not be permitted on any bus operated under this contract.

4. Contract Administration & Supervision

4.1 The Contractor agrees to assign, at all times, one individual of significant decision-making and supervisory capacity in the firm, who will be conveniently available on a daily basis as the Contractor’s "primary representative" assigned to the Salem School Department. This individual shall be responsible for review of billing matters, general problem resolution and other matters relating to daily performance of the Contractor.

4.2 The person so assigned shall furnish to the School Business Administrator and the Transportation Manager a cellular phone number or other similar means, to allow for immediate direct communication with said individual each and every day school is scheduled and pupil transportation services are furnished to the Salem School Department under this Contract.

The Contractor’s primary representative shall be expected to meet regularly with Transportation staff and the School

Business Administrator, and also to attend meeting(s) of the Salem School Committee or any of its subcommittees, concerning operations under the Contract, after being given sufficient prior notice of such meeting.

4.3 The School Business Administrator will be the primary contact person supervising the Contract on behalf of the

Salem School Department; hereby also reserving the right to designate the Transportation Manager to personally supervise the Contractor’s performance at all times, and to designate another party as the primary supervisor at any time during the contract period, including a representative at each of the Salem Public Schools.

4.4 The Contractor shall employ a bus dispatcher to work at an office during all hours of operation on school days, and additional days as needed to comply with these specifications. The office shall be equipped with a telephone, fax machine, 2 way radio and other similar means of communication as required and shall be at the sole expense of the Contractor. The dispatcher should be familiar with the City of Salem. The dispatcher will be available at least one week prior to school opening to answer questions relating to routing, etc. The dispatcher will not be used as a spare driver, (unless under unusual circumstances and is approved by the School Business Manager) and must be present to accept phone calls and for radio communication.

4.5 Penalty Clauses

The Contractor shall promptly notify the Transportation Manager sufficiently in advance of a late pick up or drop off. This includes trips that start on time and fall late during the route: the contractor will notify the Transportation Manager when a bus that started on time is no longer on time. Failure to notify the Salem School Department on each occasion is sufficient grounds to impose the penalty sum, notwithstanding the reason for such circumstance. The

Transportation Manager, or a representative he/she may designate, shall receive reports from schools each time the Contractor fails to meet any scheduled services.

a. The Contractor may be assessed a penalty fee of one-half the daily Contract cost per run for each leg of the field trip), unless excused by existence of an unavoidable circumstance as determined by the School Business Administrator.

b. Penalties will be assessed for each documented instance when any bus fails to arrive or depart on schedule as the times specified in this Contract. Penalty will be one hundred dollars ($100) for each late arrival and departure, unless the School Business Administrator is convinced by the Contractor that the reason for failure to perform was unavoidable. 1

5. Standards of Service for Operations

5.1 The Contractor shall comply with all requirements for school pupil transportation set forth in Mass. General Laws Chapter 90, and Chapter 241, Sec. 1, and the rules and regulations promulgated thereto, current as of the date of service, all such provisions being incorporated herein by specific reference, and otherwise shall take all necessary precautions to assure the maximum safety and well-being of all students, drivers, school department staff and the motoring public, including, but not limited to, the following requirements:

a. Only a valid Massachusetts-licensed bus driver shall operate the vehicle.

b. Drivers shall obey all traffic laws, rules and regulations at all times.

c. A driver shall not leave the bus while the engine is running, unless it is carrying no passengers.

d. A driver shall not allow operation of the vehicle if they will transport more persons than the rated passenger capacity of the vehicle, according to the limits set forth in Mass. General Laws Chapter 90, the design of the bus, and the provisions of this Contract.

e. Drivers and monitors shall not smoke in school buses and on school grounds, nor will any bus passenger be permitted to smoke in the buses at any time.

f. Drivers and monitors shall not leave a vehicle unattended while children are in the vehicle, except to assist a person boarding the vehicle, or when an emergency situation dictates otherwise.

g. Drivers and monitors shall be courteous to School Department staff, and all passengers, caregivers and display civil speech and demeanor in the performance of their duties.

h. Drivers and monitors shall maintain order on their bus. Drivers and monitors will not take any disciplinary action against a student nor refuse to transport students to or from any bus stops. Incidents that warrant such action shall be reported in writing within one day to the Salem Transportation Manager. If, however, a driver determines the safety of anyone aboard is in jeopardy, the driver may take appropriate action in response to the dangerous situation and immediately report the action to the company.

i. Every driver and monitor will be required to conduct a “No Student Aboard” / Bus Empty check at the end of every run / route / each day of service.

j. Drivers' use of cell phones while operating a school bus shall be limited to the extent permitted by Chapter 414 of Massachusetts Acts of 2000.

k. All drivers and monitors are to be cleared through the Massachusetts CORI (Criminal Offender Record checks) system and the Fingerprinting Regulations.

The Contractor shall report to the School Business Administrator or his/her designee, by phone or fax, immediately after its occurrence, each and every accident or any other event or circumstance which causes unavoidable delay, any

1 Please note: The School District intends to make every effort to address any issues with the selected Contractor before invoking the penalty clause. Throughout the previous three year contract term, no penalties were assessed. Due to increased traffic during the month of October, penalty provisions for lateness will be waived.

incident which in any way interferes with the strict performance of work described in this Contract or the Standards of Service stated above. A formal written report should be submitted within 24 hours to the School Business Administrator.

The Contractor shall also immediately file with the School Business Administrator and Transportation Manager copies of each Registry of Motor Vehicles accident report filed with the local police department, for any incident which is during the time the vehicle is used under this Contract. Copies of accident forms shall be maintained on each bus.

5.2 The Contractor will develop, with the approval of the School Business Administrator and the Salem Police representative, a notification policy and procedure where drivers will document occasions of disciplinary or other infractions by students on buses, according to any policy as will apply to standards of student conduct on buses, which may be developed and approved by the Salem School Committee during the term of the Contract.

6. Vehicles Used for This Contract

6.1 The Contractor agrees to use buses manufactured and equipped to conform to Federal Standard 27 and General Laws of the Commonwealth of Massachusetts, and any regulations promulgated thereto, as currently in force at the time of service, relating to vehicles used to transport school children.

6.2 Transportation for all field trips provided under this contract shall utilize 77-passenger (or larger) school buses, as well as 29-passenger and 32-passenger wheelchair-accessible vehicles. The total seating capacity for each vehicle shall comply with standards set by the Registry of Motor Vehicles or federal guidelines for school bus passenger capacity, and all 32-passenger vehicles must be fully equipped with wheelchair lifts to ensure accessible field trip services 6.3 All of the buses operated pursuant to this contract shall be seven (4) years old or newer, measured initially from August 1, 2022, and subsequently on August 1 of each year of the contract. All buses must have less than 125,000 miles measured initially from August 1, 2026 and subsequently on August 1 of each year of the contract.

The Salem School Department reserves the right to refuse operation or permit use of any vehicle offered for field trips, which it determines to be in unacceptable running order or that it deems as being unsafe to operate.

6.4 The contractor shall maintain a list of vehicles assigned to this Contract, showing the registration number, manufacturer, model number, model year, contractor’s identifying number and seating capacity of each bus. This list is to be furnished to the School Business Administrator or his/her designee to determine compliance with the contract requirement for age of buses.

6.5 All buses shall be furnished and maintained with the full complement of all safety equipment required by the Registry of Motor Vehicles / Massachusetts State Police, effective upon the date of each required bus inspection, and shall otherwise comply with all applicable motor vehicle laws of this state. Copies of inspection reports on any vehicle shall be furnished to the School Business Administrator, Transportation Manager or his designee or his/her designee.

6.6 The contractor shall keep all buses clean, in good working condition at all times, and furnish all motor fuels, consumable fluids, tires, maintenance and cleaning supplies and mechanical repair service throughout the entire contract, so as to ensure safe and reliable operation of vehicles assigned to this Contract. The full cost of these maintenance services and supplies shall be assumed by the Contractor, and are to be included in the prices set out on the Form for Bid. The contractor shall, on request, provide the School Business Administrator or his/her designee the maintenance records pertaining to any vehicle employed for service under this Contract.

6.8 The Contractor must operate or employ a communication system in compliance with the “Narrowband Mandate” issued by the FCC permitting two-way verbal communication between each bus in service under the Contract and contractor's dispatch location, sufficient for coverage throughout the entire area of the City of Salem, and for communication while in route to the City from the Contractor’s location(s) used for storage / repair of buses assigned to this Contract. The School Transportation Manager shall be given access to this radio frequency on equipment provided by the Operator or through programming service provided on radio equipment of the Salem School Department.

6.9 The District is requiring that all buses be equipped with the Child Check Mate (or equivalent system) for electronic vehicle inspection.

6.10 All vehicles servicing students under this contract will be equipped with GPS Units. The contractor must maintain a computer software system that can generate real time locations of all buses that are required to serve the transportation needs under this contract and provide reporting on bus performance as required. The Salem School Department must be provided with the ability to access both real time and historical information.

6.11 Each bus operated under this Contract shall be equipped with properly operating digital video/audio recording devices that allows adjusted recording from full-time and programmable start/end times or after the bus has been idling for longer than a set period but cannot be adjusted by the driver. The System must be able to record in 10-30 frames per second per channel, at a minimum of 720x480 resolution quality. The system must be able to hold a minimum of 15 days of data storage. The camera microphone must be high quality and record Clear Uninterrupted Audio while not affected by weather and vibration. The digital video/audio recording devices shall be placed in buses in such manner as may be established by the School Business Administrator and/or his/her designee and/or the Salem Police Department.

6.12 At times authorized Salem Public School employees may request to view video and review audio based on a specific incident that may be in question or occurred. The Vendor must provide video evidence no more than 24 hours after the request is made. The contractor shall maintain and store the recorded images for a period agreed upon by the Salem School Department and the contractor, but not less than 15 school days. All images become property of the City of Salem.

6.13 All buses must be equipped with stop arms, bus cameras, tablets, radios, and GPS devices shall be in proper working order. The SPS Transportation Department shall have access to radios to communicate with drivers at all times. A thorough inspection report of all devices listed above shall be submitted to the SPS Transportation Department at least one week prior to the start of each school year

6.14 No bus used for service under this contract shall be affixed with advertising or promotional displays of any kind on either the interior or exterior of any bus, nor shall operate audiovisual displays of an advertising or promotional nature.

6.15 All buses must be equipped with internal and external speaker/PA systems.

7. Drivers and Monitors

7.1 All Drivers shall operate their vehicles and shall perform their duties in conformance with policies, rules and procedures set forth by the Contractor for their employees, all State and Local laws and all provisions of this Contract. New or substitute drivers must meet all requirements stated herein and shall be given orientation to these rules and to any route(s) driven. The Contractor shall also be responsible for providing coverage in the event a driver or monitor is absent, ensuring that all trips are fully staffed.

7.2 Each driver shall hold and maintain during the entire term of their employment under this Contract, a Massachusetts license valid to operate the equipment described herein and shall otherwise fully comply with all licensing provisions of the Commonwealth of Massachusetts, whether they may be set forth herein.

7.5 Drivers shall not be permitted to carry any person other than school officials, teachers, or chaperones while carrying students without the express prior written permission of the School Business Administrator or his/her designee.

Exceptions to prohibition are bus company employees such as supervisors, student drivers, and trainees.

7.6 The School Business Administrator, Transportation Manager or his designee, the Salem Police representative, or such persons they may so authorize, reserve the right to randomly re-check credentials of any driver or monitor at any time during the Contract period, and demand substitution or replacement, if deemed to be in the best interests of the Salem School Department to do so.

7.7 The Contractor shall conduct periodic in-service training and safety programs for all drivers and monitors, including spare / replacement drivers and substitute monitors, in conformance with Ch. 878, Mass. Acts of 1975. These meetings shall be mandatory for all drivers and monitors. A plan for such training shall be submitted prior to the start of each school year and implemented subject to the approval of the School Business Administrator. Contractor’s drivers and monitors and Salem School Department drivers and officials may be scheduled at the Contractor's expense, at a location in Salem to discuss school bus transportation in Salem and cover such training and safety issues.

In addition, the Contractor's drivers and monitors may be required to attend up to two meetings per year led by Salem Public Schools..

7.8 The Contractor agrees to conduct at their own expense an ongoing random drug and alcohol testing program for all drivers assigned to this Contract, in compliance with laws and regulations promulgated for federal Department of Transportation Commercial Driver Licensing, or for those engaged in student transportation, whichever is the more stringent.

7.9 No individual in possession of a drug or convicted of a drug or alcohol related offense within ten (10) years, shall be eligible to be a driver or monitor for students under this Contract. No individual who is a convicted felon or convicted of child abuse shall be eligible to be a driver or monitor for students under this Contract.

7.10 Any driver or monitor considered in violation of laws referred to herein, or provisions in this Contract for service by the

Contractor, may be deemed by the Salem School Department as sufficient cause to invoke the disciplinary procedures of the Contractor. This will occur upon notification by the School Business Administrator, or his/her designee, or the Salem Police Department, and may include a request for substitution or replacement of said driver(s) or monitor(s) if deemed to be in the best interest of the Salem Public Schools to so request.

8. Insurance Requirements

8.1 The Contractor shall furnish all insurance as specified here at their own expense, within the Contract price. Evidence of insurance shall be filed and maintained with the School Business Administrator or his/her designee, and failure to keep this insurance in full force during the contract period will be cause for termination of the contract.

Type: Limit:

Workers’ Compensation Amount prescribed under Massachusetts State Law

Personal Injury $1,000,000 aggregate

Property Damage $500,000/occurrence, $1,000,000 aggregate

Auto Liability $1,000,000 CSL (Combined Bodily Injury and Property Damage)

Commercial General Liability (including sexual and or physical abuse)

$1,000,000/occurrence, $2,000,000 general aggregate

Umbrella Liability $1,000,000 occurrence/ $2,000,000 aggregate

The City of Salem shall be named as an additional insured on the above referenced liability policies, and the Contractor’s insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor.

Contractual liability must recognize the indemnities contained in this bid and contract Agreement.

Coverages are to be maintained for a period of three (3) years after final payment.

The Contractor shall maintain all required insurance in full force and effect as required by this Contract or the Contractor shall be in material breach hereof.

The General Liability policy shall include a Waiver of Subrogation in favor of the City.

See attached Contract for additional information on insurance requirements and coverages.

8.2 The preceding rates and limitations may be reduced or revised at the sole discretion of the School

Committee.

The insurance is to include all owned or hired vehicles of the Contractor and non-ownership protection for all employees of the Contractor during the performance of this Contract.

General Requirements for All Lines of Insurance to be furnished

City of Salem and Salem School Department shall be named as an additional insured on each policy. All policies shall be written so the City shall be notified of cancellation or addition of "restrictive amendments" by Registered Mail or by FAX not later than 20 days prior to the effective date of such cancellation or amendment.

If any policy/policies expire prior to the end of the contract term, renewal certificates shall be promptly filed with the

City for extensions or renewal of said coverage. The full cost of renewing such coverage for additional amounts of time shall be the full responsibility of the Contractor.

9. Compensation

9.1 Prices as appear on the Form for Bid shall be the prices which shall be paid to the Contractor, as just and fair compensation for the costs of service according to the terms of service herein for the entire contract period, and shall not change during said term, except as provided for in this Contract.

9.2 A prevailing wage rate, which shall apply to drivers under this contract for the duration of the contract, has been established by the Commonwealth of Massachusetts, and shall be paid to those employees of the Contractor to whom the rate applies. The wage rate determination for this contract is attached hereto.

9.3 The Contractor shall present bills directly to the Salem School Business Office for all services contained in this contract. The Salem School Department reserves the right to institute a schedule of billing and periodic payments for service, and to establish the form of invoice for presentation to the Salem School Department. Invoices for service shall be presented monthly.

9.4 Adjustment of contract price arising from modifications to routes or runs agreed to between the Salem School

Department and the Contractor shall be made according to the cost adjustment amounts set on the Form for Bid.

Upon thirty (30) days notice by the Salem School Department, it may on its own choose to add, discontinue or modify any particular route, run, or stop, and that the calculation of payments due the Contractor will be adjusted to reflect such change according to the above method.

9.5 Penalties will be assessed when any bus fails to arrive or depart on schedule as specified in the above. Penalty will be according to the fee schedule in Section 4, unless waived by the School Business Administrator in the manner set forth therein.

9.6 The City will pay the regular charge for the buses in service that month, less sums assessed under penalty clauses, and so inform the Contractor of such assessment, in advance of processing each invoice for payment. Any such assessment which the Contractor disputes shall be accounted for separately from and not included in all subsequent requests for payment; a separate statement of such penalty assessments or amounts in dispute shall be presented by the Contractor.

9.7 No charge may be made for any run on any day when the Contractor is notified sufficiently in advance of cancellation of school by the Salem School Department. Compensation under any section of this contract shall be paid only for days schools are in session. Contractor shall be entitled to no adjustment to their prices on any school day where they are notified times are to be altered because of delayed school opening or early school dismissal due to weather conditions. In the event of an extended shut down of more than 30 school days which results in a longer-term cancellation of services, the parties will meet to discuss a reasonable fee to be paid to the Contractor to ensure the Contractor is able to fulfill the terms of the contract immediately upon reopening of schools and resumption of service. The percentage negotiated will be informed by the good faith demonstration by the Contractor of the fixed costs to be covered to allow the Contractor to effectively resume services when required. Such percentage may be subject to the approval of the Salem School Committee and/or Salem City Council.

9.8 The Contractor agrees to assume the additional costs resulting from mandatory changes to their operations concerning student transportation services, due to any changes in Federal or state laws or regulations, effective or enforced at any time during the term of the Contract.

9.10 No assignment, transfer or subletting of this contract shall be made without the prior written consent of the City of

Salem.

General Terms and Conditions

10.1 NONEXCLUSIVITY

Nothing in this Contract will preclude the Salem School Department from using its own vehicles and drivers, or those under its direction, for the transportation of any of its students, whenever it is determined to be in the interests of the City to do so.

10.2 ASSIGNMENT

The entirety of the terms and conditions of this Contract will be binding on the Contractor’s heirs, successors, or assigns, in the event of a change in management, or through sale, merger, acquisition of assets, pledging of security or financial interests, reorganization of the firm, or by any other means. This contract shall not be sublet, assigned, transferred or pledged to any third party unless executed in writing by the Contractor, City Chief Procurement Officer and the Mayor.

10.3 IDEMNIFICATION

The Contractor shall indemnify and save harmless the Salem School Department, its agents and employees, from and against any and all losses and from any and all claims, demands, payments, suits, actions, costs expenses, recoveries and judgments of every nature and description brought or recovered arising from or out of the performance of the contract by the contractor, their officers, agents or employees.

10.4 PERFORMANCE BOND

The successful bidder shall furnish a performance bond of a surety company qualified to do business in Massachusetts in the amount of one hundred percent (100%) of his contract price for the first year of the contract, to be renewed annually by July 1st during the life of the contract and in the amount of one hundred percent (100%) of the contract price.

The intent of the bond is in the event that, prior to the end of any school year, there is a default by the Contractor for the remaining term under that year of the Contract, or evidence is present of an intent to default; then the City will so notify the Contractor of its intent to invoke the bond, and use the proceeds of the bond to offset any price increases imposed upon the City after it secures the services of a replacement firm to perform the work, on an interim, emergency, basis, until such time as a new contract results from a re-bid.

Upon written application, the Contractor may apply, prior to the start of the third or subsequent school year of the contract term, for a reduction or waiver to the maximum penalty sum of the Performance Bond. Any such reduction or waiver may be accepted by the Salem School Department provided the Contractor successfully performed all duties in the Contract in the prior years of service.

10.5 DEFAULTS and BREACH OF CONTRACT TERMS

The Salem School Department shall reserve the right to terminate the Contract upon sufficient written notice to the Contractor, and after opportunity to correct the named deficiency, for any circumstances relating to violation of the Contract Terms for Bus Transportation to Salem Schools, including, but not limited to:

1. Knowingly permit an unlicensed driver to operate vehicles used to transport students.

2. Failure to replace buses having exceeded the age limit, within 3-5 days of notice.

3. Failure to keep all buses licensed, inspected and insured for operation on the road in the Commonwealth of Massachusetts.

4. Repeated violation of motor vehicle laws.

5. Repeated imposition of penalty fees without improvement in performance.

6. Other intentional or habitual violation/s of the terms of this Contract, as cited by the Salem School

Department in writing to the Contractor.

7. Persistent financial instability or initiation of bankruptcy proceedings concerning the Contractor or any operating division thereof involved in pupil transportation.

10.6 CONTRACT PRECEDENCE

In the event that local requirements or provisions found in this Contract are found to be inconsistent with Mass.

General Laws, or regulations lawfully promulgated under the authority of Mass. General Law by any department, agency or division of the Commonwealth, said laws or regulations are to apply to the activities of the Operator, and the requirements of this Contract found to be inconsistent therewith are to be rendered void, EXCEPT where this Contract calls for a higher standard of service, then the more stringent requirements shall be adhered to.

10.7 SEVERABILITY

If any section, paragraph, term or provision of the Contract is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction, or by any state or federal agency having jurisdiction thereof, such determination shall have no effect on any provisions in another section, paragraph, term or provision of the Contract, all of which shall remain in full force and effect for the term of the Contract.

10.8 COURT OF JURISDICTION

The parties hereby agree that all questions and issues in legal dispute will be submitted to a court of competent jurisdiction of the Commonwealth of Massachusetts to be tried according to applicable laws of the Commonwealth of Massachusetts.

10.9 TERM OF CONTRACT: EXTENSION or RENEWAL, and REOPENER

The Term of this Contract is for the following three school years ("Base Award") inclusive: 2026-27, 2027-28, 2028- 29 with the option for two one-year extensions, 2029-30, and 2030-31, subject to the approval of the Salem City Council.

PART . EVALUATION AND SELECTION

4.1 MINIMUM REQUIREMENTS

1 Bidder’s references must indicate successful performance of Wheelchair-Accessible Field Trip transportation services at a minimum of three (3) school systems similar to Salem Public Schools.

Bidders for in-district special education services must also indicate successful performance of in-district special education services at a minimum of five (5) school systems similar to Salem Public Schools.

2 Bidder must not have had a contract terminated for cause.

3 Bidder’s financial statement must indicate the ability to successfully perform the contract.

4 All buses used must be in a condition sufficient to successfully perform the scope of services defined in this contract.

5 Bidders must possess and comply with all required and necessary licenses specified by Federal, State and/or Local authorities to deliver the services specified in this Invitation for Bids.

6 Buses must have current Massachusetts registration and a valid inspection sticker.

4.2 RULE FOR AWARD

The contract for field trips may be awarded to the lowest and most responsive bidder based on the grand total of the five (5) year term for the number of annual trips specified in the bid form.

The School Department reserves the right to award contracts to the lowest and most responsive bidder.

PART 5. TERMS AND CONDITIONS

5.1 TERM OF CONTRACT

The term of the contract shall commence on September 1, 2026 and terminate June 30, 2029. The contract may be extended each year for an additional year effective July 1, 2029 and July 1, 2030 at the sole discretion of the School Department, subject to the approval of Salem City Council.

5.2 PERFORMANCE BOND

The selected contractor shall be required to furnish a Performance Bond in the amount of one hundred percent (100%) of the contract price, within ten days of the date of notification of contract award.

5.3 ASSIGNMENTS AND SUBCONTRACTING

The selected vendor shall not assign, sell, subcontract, or otherwise transfer any interest in this contract without the prior written consent of the City. The successful bidder shall be fully responsible to the City for the acts and omissions of his subcontractor, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

5.4 PAYMENT

The City shall make every effort to furnish payment within thirty (30) days of receipt of a reasonably detailed invoice.

Any invoice received must reference the contract number. Nothing contained in the contract shall create any contractual relation between any subcontractor and the City. The Successful Bidder shall cause appropriate provision to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the application provisions of the Contract for the improvements embraced in the site preparation.

Invoicing for all work must be done weekly and must be accompanied by copies of original bills for material used.

5.5 INDEMNIFICATION

Unless otherwise provided by law, the Vendor will indemnify and hold harmless the City against any and all liability, loss, damages, costs or expenses for personal injury or damage to real or tangible personal property which the City may sustain, incur or be required to pay, arising out of or in connection with the performance of the Contract by reason of any negligent action/inaction or willful misconduct by the Contractor, its agents, servants or employees.

5.6 FEDERAL AND STATE LAW

The selected contractor shall comply with all applicable Federal, State and Local laws and ordinances.

5.7 SAMPLE CONTRACT

See ‘Sample Contract’ attached.

ATTACHMENTS

Attachment A Bid Form

BID:

Field Trip Travel

● Three hour minimum

● Usually during school hours, to and from destinations outside of the City of Salem

● Driver and vehicle usually remain with the students

Contract Year Daily Bus Rate x 35 Trips x 1 77 passenger bus and 1 wheelchair accessible vehicle s per Trip = Total Annual Cost

Year One ___________ x 35 Trips x 2 Buses (1 77 passenger, 1 wheelchair accessible) Per Trip =

Year Two ___________ x 35 Trips x 2 Buses (1 77 passenger, 1 wheelchair accessible)Per Trip =

Year Three ___________ x 35 Trips x 2 Buses (1 77 passenger, 1 wheelchair accessible)Per Trip =

Year Four ___________ x 35 Trips x 2 Buses (1 77 passenger, 1 wheelchair accessible)Per Trip =

Year Five ___________ x 35 Trips x 2 Buses (1 77 passenger, 1 wheelchair accessible) Per Trip =

Total Contract Cost: ________________________ (sum of Total Annual Cost for all five years)

The undersigned agrees to furnish all labor, equipment and vehicles necessary to accomplish the scope of described herein contract price listed below. The School Department reserves the right to contract with other vendors for these routes. There is no guarantee that the successful low bidder awarded this contract will also be selected for these routes.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME (PRINTED)

DATE

Attachment B Required Certifications

1. NON-COLLUSION:

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

2. TAX COMPLIANCE:

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

3. CORPORATE BIDDER (if applicable):

I, _______________________________ certify that I am the _____________________ of the corporation named as Bidder in the Bid included herein, that _________________, who signed said Bid on behalf of the Bidder was then ________________________ of said corporation, that I know his signature, that his signature thereon is genuine and that said Bid was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal) (Secretary-Clerk) ______________________________________________________________________________4.

PREVAILING WAGES:

The undersigned bidder or quoter hereby certifies, under the pains and penalties of perjury, that the foregoing bid or quote is based upon the payment to laborers employed on the project of wages in an amount no less than the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder or quoter agrees to indemnify the awarding authority for, from and against any loss, expenses, damages, action or claims, including any expense incurred in connection with any delay or stoppage of the project work, arising out of or as a result of (1) the failure of the said bid or quote to be based upon the payment of the said applicable prevailing wage rates, or (2) the failure of the bidder or quoter, if selected as the Contractor, to pay laborers employed on the project the said applicable prevailing wages.

(Signature of authorized individual submitting proposal)

(Printed Name)

(Name of Bidder)

(Federal Tax Identification or Social Security Number)

(Date)

Attachment D

Form of the Performance Bond

Bond No. _____________________

KNOW ALL MEN BY THESE PRESENT, that we __________________________________________ with a place of business at _______________________________________________________________, as Principal (the “Principal”), and _________________________________________________, a corporation qualified to do business in the

Commonwealth of Massachusetts, with a place of business at

___________________________________________________________________ as Surety (the “Surety”), are held and firmly bound unto the City of Salem, Massachusetts as Obligee (the “Obligee”), in the sum of

______________________________________________ lawful money of the United States of America, to be paid to the

Obligee, for which payment, well and truly to be made, we bind ourselves, our respective…