Town of Barnstable Barnstable Public Schools

Transcription

1 Town of Barnstable Barnstable Public Schools Invitation for Bid Regular and Extra Curricular School Transportation For the period from July 1, 2012 through June 30, 2015 Plus one (1) additional two (2) year option contingent upon approval of the Barnstable Town Council and to be exercised at the sole discretion of the School Committee March 16, 2011 Bid Due Date: April 26, 2011, no later than 2:00 pm All potential bidders are required to be registered on the Town of Barnstable Bid & RFP System at This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid document and all associated documents to check the Town of Barnstable Bid & RFP System for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

2 Regular and Extra Curricular Transportation KEY DATES FOR THIS INVITATION FOR BID 03/27/2011 Advertise in the Cape Cod Times 03/28/2011 Bids available on-line on the Town of Barnstable Bid & RFP System as 03/28/2011 Advertise in Goods & Services Bulletin 04/15/2011 Last day to submit questions to Purchasing Agent (via at: 04/26/2011 Bids due, 2:00 pm, Purchasing Agent s Office, 230 South Street, Hyannis, MA Public bid opening immediately after bid deadline, location to be advised. Included in this package: I. General Information, Bid Submission Requirements and copy of Wage Rate Requirement II. III. IV. Contractor Information Form Tax Compliance Form Extra Curricular Bid Form V. Regular Transportation Bid Form VI. VII. VIII. Bid Summary Form Vehicle Description Bid Form Non-Collusion Form Attachments: Prevailing Wage Sheet dated 03/02/11 Current Short Route Summary Sheets Town Map with School Locations 2

3 Town of Barnstable BARNSTABLE PUBLIC SCHOOLS Notice to School Bus Contractors INVITATION FOR BID TOWN OF BARNSTABLE SCHOOL DEPARTMENT Regular and Extra Curricular School Transportation Bid The Purchasing Agent for the Town of Barnstable, on behalf of the Barnstable School Committee is soliciting sealed bids from qualified contractors to provide regular and extra curricular transportation of school children in the Town of Barnstable. The contract offered is for an initial period of thirty-six (36) months with one additional twenty-four (24) month option contingent upon approval of the Barnstable Town Council and to be exercised at the sole discretion of the School Committee. Bid forms may be obtained from the Town of Barnstable website, Bid & RFP System at For assistance contact Johanna Boucher, Purchasing Agent at (508) , Monday through Friday between 7:30 am and 4:00 pm. All bids must be returned to the Town of Barnstable, Purchasing Agent, 230 South Street, 3 rd Floor, Hyannis, MA on or before April 26, 2011, 2:00 pm at which time they will be publicly opened and read. The bid reading will take place in the School Administration Building Basement Conference Room, 230 South Street, Hyannis, MA. This bid and contract are solicited under Chapter 30B of the Massachusetts General Laws. The Town reserves the right to reject any or all bids if deemed to be in their best interest. 3

4 INTRODUCTION This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all contracts must be strictly awarded in accordance with the requirements of this Request for Bid. The Town has no discretion under the law to consider bids that fail to comply with those requirements, except for minor informalities as permitted by MGL Chapter 30B Section 5(f). If it becomes necessary to revise any part of this Bid or otherwise provide additional information, an addendum will be issued to all prospective bidders who received copies of the original request. BACKGROUND The Town of Barnstable is located on Cape Cod and was incorporated in The Town has an annual year-round population of over 48,000 (2000 Federal Census) and approximately 125, ,000 seasonal residents. The average per capital income of the residents of Barnstable is $46,811 (2000 Federal Census). Of the residents over age 25, approximately 88.7% have a high school degree, and 28.1% have a bachelor s degree or greater. The Town encompasses an area of 64.1 square miles and consists of seven distinct villages: Barnstable, Centerville, Cotuit, Hyannis, Marstons Mills, Osterville, and West Barnstable. It serves as the County Seat for Barnstable County. The Town of Barnstable is located approximately 65 miles from Boston and approximately 75 miles from Providence. The Town of Barnstable serves as the commercial center for Cape Cod. It houses the main hospital, regional social service agencies, the superior court, and the regional shopping mall to name a few. The Town functions under a Council-Manager form of government, with a charter-supported strong Manager, and eleven Town Councilors elected by precinct. The Barnstable Town Council is the legislative and policy-making branch of the town government. The council develops, adopts, and enacts policies and ordinances, which it believes promote and enhance the general welfare of the town. The Barnstable School District consists of nine schools including Barnstable High School, Barnstable Intermediate School, Barnstable West Barnstable Elementary, Barnstable Community Horace Mann Charter Public School, Horace Mann Charter School, Centerville Elementary, Hyannis West Elementary, West Villages Elementary, and Sturgis Charter School. Buses also service St. Francis Xavier Preparatory School and Pope John Paul II High School. The school district functions under a School Committee consisting of five (5) members including R. Patrick Murphy - Chairman, Francis McDonald Vice Chairman, Thomas McDonald, Stephanie Ellie and Margeaux Weber. 4

5 TOWN OF BARNSTABLE GENERAL SPECIFICATIONS A. Attention of all bidders is directed to Chapter 30B of the General Laws of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract. B. The bidder shall submit the bid upon forms furnished by the TOWN. All bids shall be in ink or typewritten and the bid form must be filled out completely. The price shall, without exception, include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the equipment and accessories supplied. C. All bids shall be signed correctly in ink by the individual or in the case of a firm, partnership or corporation, by a person having the legal authority from said firm, partnership, or corporation to sign the bid. D. All bids shall be submitted to the Office of the Purchasing Agent, 230 South Street, Hyannis, MA 02601, on or before the date and time stated in the "Bid Notice". Each bid shall be in a sealed envelope, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the bidder. E. Bid forms shall be completely filled in. Bids which are incomplete, conditional or obscure will be rejected. Use the pages of this document when submitting proposal and submit contract document intact. F. Bidders may correct, modify or withdraw the original bids on or before the date and time stated in the "Bid Notice". Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. A bidder who wishes to withdraw a bid must make the request in writing. G. A bidder may withdraw a bid after the public opening of the bid only if a mistake is clearly evident on the face of the bid document, but the intended correct answer is not evident. H. Any bid received after the date and time stated in the "Bid Notice" shall not be opened. Unopened bids will be returned to the bidder. I. Bids will be publicly opened and read at the date and time stated in the "Bid Notice". All interested parties are invited to be present. J. No award will be made to any bidder who can not satisfy the Town that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to execute and complete the work successfully within the time named. The owner's decision or judgment on these matters shall be final, conclusive and binding. Conditional bids will not be accepted. K. At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid. 5

6 L. Each bidder shall acknowledge receipt of any and all addendum issued to the invitation for bids by so indicating on the Bid Sheet. Failure to do so shall be cause to reject the bid as being non responsive. M. The contract will be awarded within sixty days after the actual public bid opening date, subject to the availability of funds to the lowest responsive, responsible bidder complying with the conditions set forth in the bid document provided the bid in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it. N. All bids shall be based on commencing services effective 7/1/2012. P. The bidder's attention is directed to the fact that all applicable State laws, Municipal ordinances, and the rules and regulations of all authorities having jurisdiction over bid/purchase shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. Q. Each bidder must sign and submit a "Certificate of Noncollusion" clause and a "State Tax Certification" clause with the bid sheet. (Forms are attached to Bid Sheet). R. If the services are subsequently deemed to be unsatisfactory to the Town and are in violation of the General and/or Detailed Specifications, the Town shall notify the said bidder. If mutually agreeable arrangements cannot be achieved between the TOWN and the bidder, the terms of the contract will be immediately terminated. S. In the event of tie bids the Contract will be awarded to the Bidder who has most recently supplied the same service/equipment to the Town. If a tie bid still exists the bidder s names will be placed in a container and the name drawn will be awarded the contract. T. Non-Appropriation of Funds Clause - Yearly funding for the resulting contract from this IFB is subject to the yearly appropriation by the Town Council. If the Town does not appropriate funds for the stated purpose of this lease, the contract will be terminated at no additional cost to the Town. 6

7 A. Specifications and Instructions to Bidders I. Regular and Extra Curricular School Transportation Bid Specifications 1. The School Committee of the Town of Barnstable will receive bids for supplying conveyance and transporting school children in the Town of Barnstable for all regular day and extra curricular activities in accordance with the attached specifications. The contract period will be for thirty-six (36) months, commencing with the start of the fiscal year in July 1, 2012 through the end of the fiscal year June 30, 2015, with one (1) twenty-four (24) month option contingent upon approval of the Barnstable Town Council and to be exercised at the sole discretion of the School Committee. The option will be offered, in writing, to the contracted Contractor no later than 150 days prior to the end of the initial thirty-six (36) month period. The Contractor has 30 days to accept the option. If the Contractor declines the offer or does not respond, the offer for the option will be withdrawn and the School Committee may reissue the bid for a new base contract. 2. Sealed bids will be received at the Purchasing Agent s Office, Town of Barnstable, 230 South Street, Hyannis, MA 02601, on or before: April 22, 2011, 2:00 pm at which time they will be publicly opened and read. The bid reading will take place in the School Administration Building Basement Conference Room, 230 South Street, Hyannis, MA. The person or firm making a bid shall submit it in a sealed envelope. The outside of each bid must be clearly marked: a. The name of the person, firm or company making the bid b. The date and time of the bid presentation c. Bid for furnishing school bus transportation. No bid received after the due date and time will be opened or considered, regardless of any cause for lateness of the bid. No modification of any bid will be considered unless received in writing prior to the time specified above. The withdrawal or return of any bid must be requested in writing prior to the time specified above. 3. Bids must be submitted on the attached forms. They must be filled in completely, they may not contain any additions or alternates not called for, and be signed by the owner or authorized agent. The submission of a bid indicates that the bidder has read and is familiar with the attached specifications. Failure of any bidder to become familiar with the documents shall in no way release any bidder from any obligations in respect to the bid. 4. A cashier's or certified check drawn on a Massachusetts bank, for a bid security, must accompany the bid. The security must be made payable to the Town of Barnstable in the amount of 5% of the value of the first year of the contract. The security of all bidders except the three lowest bidders 7

8 will be returned after the School Department has reviewed all bids to determine that they are from responsive, responsible bidders. The bid securities of the three lowest bidders will be returned within three days of the bid award. Exception being that the bid security of the successful bidder will be held until such time as the contract is signed and the contractor submits a letter from the firm supplying the performance bond which indicates that the bond is forthcoming. 5. A performance bond equal to 20% of the total annual contract will be required for the first year. Any bond must be issued by a surety company licensed by the Commonwealth s Division of Insurance, listed in the most recent United States Treasury Department Circular 570- Surety Companies Acceptable on Federal bonds and acceptable to the Awarding Authority. 6. The contract will be awarded within sixty (60) days of the bid opening. 7. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies under penalty of perjury that to the best of his knowledge and belief, the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement with any other bidder or competitor. Furthermore, that the prices which have been quoted in this bid have not and will not be knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or competitor. 8. The successful bidder shall not assign or sublet the contract in circumstances that are prohibited by law. In circumstance that may not be prohibited by law, the successful bidder may assign or sublet the contract only if the School Committee approves it in writing, and the action is in full compliance with all applicable directives and laws. 9. If, during the term of this contract, there is an intended transfer of ownership, the Contractor shall notify the School Committee in writing, a minimum of thirty (30) days prior to transfer, of this intention. Transfer of this contract is subject to the approval of the School Committee. 10. Bid prices will be binding for ninety (90) days subsequent to the bid opening. 11. The bidder shall submit a statement indicating school transportation experience for the past five (5) years. Include the scope of services provided, names of Towns, contact names, and phone numbers. The bidder shall have no less than five (5) years of experience as a school bus contractor by July 1, The bidder shall also submit at least three specific Massachusetts examples that speak to your ability to perform this service, from current or past customers. 12. The successful bidder is required to submit a complete list of all accidents, where the police were involved, during the three (3) year period immediately preceding the date of this bid. This list shall be verified by and on the stationery of his insurance carrier. 13. The School Committee may make investigation as they deem necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the School Committee all such information and data for this purpose as the School Committee may request. The School Committee reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the School Committee that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 14. Interpretation of Contract Documents a. No oral interpretation will be made to any bidder. 8

9 b. Every interpretation will be made to all bidders. c. Every interpretation made to a bidder will be in the form of an addendum to the specifications, which will be made available to all persons to whom the contract documents have been issued. d. Failure of any bidders to receive or acknowledge any such addendum shall not relieve any bidder from any obligation under his bid as submitted. 15. The contractor shall indemnify, defend and hold the district, its committees, officers and employees harmless of any and all claims, losses, cost expenses or damage of any kind resulting from or arising out of the performance of the contract by the contractor, its officers, agents or employees. 16. Barnstable Public Schools reserves the right to implement any or all provisions of the 2003 Municipal Relief Act approved by the State of Massachusetts. B. Period of Contract 1. The period of the contract for Regular Transportation and extra curricular activities will be for thirty-six (36) months, beginning with the start of the fiscal year on July 1, 2012 through the last day of the fiscal year on June 30, 2015, with one (1) additional twenty-four (24) month option contingent upon Barnstable Town Council approval and to be exercised at the sole discretion of the School Committee. Any award beyond thirty-six (36) months is subject to the approval of the Town Council. 2. The Contractor shall provide transportation for each regular day and extra curricular activity, during the period of the contract. C. Drivers/Monitors 1. The Contractor shall permit school buses to be operated only by trained and competent drivers who hold valid licenses for the operation of school buses in the Commonwealth of Massachusetts. All personnel must pass a Criminal Offense Record Inquiry, (C.O.R.I) check prior to having any contact with the children in the Barnstable Public School District. Bus Drivers are screened by the Department of Public Utilities (D.P.U.) which includes a C.O.R.I. check, therefore, current copies of their D.P.U. certificate must be kept on file with the district. As D.P.U. renewals are processed, updated copies are to be forwarded to the transportation office immediately. All Bus Monitors are to be cleared by the C.O.R.I. process, through the School Department, prior to riding with any school children. 2. Every driver shall comply with all applicable state and federal laws, including the Massachusetts General Laws, the regulations of the Registry of Motor Vehicles, and Department of Public Utilities as applicable to school vehicle operators. 3. The Contractor is to provide any driver training necessary to meet existing statutes or any laws or regulations enacted during the life of this contract. The Contractor will provide at least one safety evaluation per school year of all its Barnstable Drivers. Drivers are to be evaluated by a licensed School Bus Driver Instructor who will observe their driving skills, safe operation of equipment, and student management. Copies of these evaluations shall be made available to the School 9

10 Department upon request. The School Department may, at any given time, request that the Transportation Director ride with the any school bus driver at random intervals to observe driving skills as well as student management. 4. Some bus routes will have children who require special services and may need a school bus monitor. The School Department will assign school bus monitors, when needed, however it is the Contractor s responsibility to hire and train monitors and bus monitors must be C.P.R. certified and trained in the use of EPI Pen s. The monitor is there as an aide to the child that requires this service and meet any needs, such as assistance on or off the bus as stated by the Special Needs Department. It is the responsibility of the Contractor to ensure that a monitor is provided and on duty, unless said child is absent or removed from the bus. In the event school bus monitors are required, the School Department will negotiate the wage rate and any associated costs with the Contractor as this is not a constant requirement. This should not be considered a cost factor in this bid. The School Department does, on occasion require drivers or monitors, or both drivers and monitors, to administer epinephrine by auto-injector (prescribed by a licensed prescriber) to students with diagnosed life-threatening allergic conditions in emergency situations. The School Department will obtain authorization from the Massachusetts Department of Public Health to delegate to drivers or monitors, or both, the administration of epinephrine by auto-injector to students with diagnosed life-threatening allergic conditions in emergency situations and will provide appropriate training. 5. The Contractor will also conduct, with the assistance of the drivers and school personnel, any student evacuation drills as required by Massachusetts's law. 6. The Contractor shall provide the following information to the Transportation Director, or his/her designee, by September 30th of each contract year: For all Drivers and substitute Drivers: a. Name b. Address c. Telephone number d. Date of birth e. Photo copies of driver's license f. Medical Certificate g. School Bus Operator's certificate For Monitors: a. Name b. Address c. Telephone number d. Copy of C.P.R. Certificate. The contractor further agrees to immediately provide the Transportation Director or his/her designee with the above information when any change is made from the original composite list. 7. The School Committee has the right determine if any particular driver/monitor will not be used for any of the routes included in this contract. The School Committee will give Twenty-four (24) hours notice if it requires alternate personnel. 10

11 8. Drivers shall be responsible for order on the bus. In the event of any improper conduct or incidents on the bus, the Driver shall fill out a Discipline Slip or incident report, based on the circumstance, and forward it to the Principal of the child s assigned school for the appropriate action. The contractor, bus driver, monitor nor any of their agents shall deny any student transportation. The conduct of the students on the buses shall conform to school rules, regulations and policies. 9. Drivers, monitors, or contractor staff may be required to meet with school officials, parents, students and administrative staff, as needed. 10. Only authorized students or passengers shall be permitted to ride in the buses. Barnstable Public Schools currently had a bus pass program, children are required to have a valid bus pass to ride the schools buses. While the schools maintain the bus pass program, drivers are required to follow the guidelines of the bus pass program and check for bus passes as children board the school bus. 11.The prevailing wage rate as determined by the Commonwealth of Massachusetts Executive office of Labor and Workforce Development, Division of Occupational Safety, under the provisions of Chapter 729, Acts of 1962, effective October 22, 1962, to be paid to operators of motor buses employed under the provisions of Chapter 71, Section 7A and all applicable Massachusetts Gernarl laws, as amended, is made a part of these bid specifications. Prevailing wage sheet dated 03/2/11, is applicable and attached hereto. These rates must be used in figuring this bid for Bus Drivers: 7/1/12-09/30/12 $19.66 per hour 10/1/12-03/31/13 $19.86 per hour 04/01/13 to end of contract $20.06 per hour 12. The contractor shall furnish to the Office of Transportation a list of employees used to provide services under this contract and their wage rate at the inception of this contract and the beginning of each school year thereafter. The School Committee reserves the right to have an independent audit of the payroll records. If an audit is required the School Committee will pay all associated costs. 13. No employee of the Contractor shall smoke on School Buses or on any school property. D. Equipment and Operations 1. For Extra Curricular Activities: Extra Curricular/field trip buses are to be the same type bus specified for Regular transportation and as follows: Contractor to provide an average of five (5), year 2012 or newer, Seventy-one (71) passenger buses for extra curricular activity trips. Furthermore all five (5) buses must be equipped with an underneath storage compartment. Occasionally there will be times when up to Twenty (20) buses will be required. During the times when more buses were utilized it was typically buses that were in between other routes. If, at times, more than the initial (5) buses are required, then the remaining buses shall be no older then 10 years old during the term of this contract. 2. For Regular Transportation: The district wants buses equipped with the following, in addition to standard items and Massachusetts specific: * Front crossing gate * equipped with air brakes and pull chain to drain the system 11

12 *equipped with air ride seat for the driver *a child check system for post trip inspection, leave no child behind, the district currently uses *electric outward opening service door *video monitoring system/gps see number 9 below *Minimum 2 defroster fans, up front for right and left side of bus *heated mirrors Contractor to provide sufficient buses to transport the Barnstable School students in accordance with the assigned bus schedule. All buses, except noted here and above, being used in this contract shall be 2012 or newer model year vehicles with 71 passenger capacity. Spare buses will not exceed ten years of age during the term of this contract. Barnstable Public Schools currently has a three-tier bussing system. Currently there are (4) single tier runs, (16) double tier runs and (23) triple tier runs for a total of 43 buses being utilized. Use this quantity to generate this bid, however, Barnstable reserves the right to modify the schedule and will be billed only for buses used. 3. All bidders must guarantee that the equipment which they propose to furnish satisfies all provisions of the General Laws and the present School Bus Requirements of the Commonwealth of Massachusetts, Federal Regulations pertaining to Federal Motor Vehicle Safety Standards, The Registry of Motor Vehicles, and the Department of Public Utilities as they pertain to student transportation. 4. The Contractor shall provide a typewritten list to the Transportation Director on or by July 1 st of each contract year containing the following information: a. Make of vehicle b. Date of manufacture c. Model number d. Vehicle Identification number e. Seating capacity f. Current mileage g. Registration number of each bus h. Accident Reports (if applicable) 5. All buses shall be housed within the boundaries of the Town of Barnstable. The housing facility within the Town of Barnstable shall be equipped to handle the base station for the two-way radios and dispatching, maintenance and *fueling of the buses. Maintenance must be done within a reasonable time so there is no disruption of service. Excise taxes for all buses assigned to Barnstable Public Schools shall be designated to be paid to the Town of Barnstable. *see section E Fuel for further description Notwithstanding the above, if the Contractor is unable to obtain property within the boundaries of Barnstable, they must be comply with the following: a. Shall be within a proximity that allows them to meet all time schedules dictated by the School Department. (No further than 25 Miles from any Town boundary) Shall replace all fuel used to transport buses to and from the boundaries of the Town of Barnstable to and from the housing location. 12

13 6. The Contractor shall maintain all vehicles in good working order and at a cleanliness level acceptable to the School Committee. The contractor will pay for all needed repairs and operating expenses. 7. Copies of the periodic inspection reports of the Registry of Motor Vehicles shall be placed on file at the Transportation Office, C/O Transportation Director, at Barnstable Public Schools at 845 Falmouth Rd., Hyannis, Massachusetts within two weeks of receipt by the contractor. 8. The School Committee reserves the right to have its authorized agents inspect any vehicle used to fulfill this contract for the purpose of accepting or rejecting the proposed use of that vehicle. 9. All buses must be equipped with two-way radio communications between the bus and a base station. It must be a business type system. Citizen band type radios are not acceptable. The radios must be adequate to cover a Fifty (50) mile radius from the base station and must able to be received at the Transportation Office. The frequency used should be for the exclusive use of the Contractor s Barnstable school bus fleet. All buses are to be equipped with video monitoring systems (cameras) on the buses. Barnstable Public Schools currently uses Dual Vision camera systems on our in-house fleet and is requiring every bus to have an operational camera on board for use in monitoring the buses. The school district shall have full access to any and all video. The vendor will assign cameras as they see fit and will assign them based on the request of the school department. Contractors may choose any camera system, however they must have GPS capability and will also allow the district and vendor to see different aspects of the bus ride or vehicle performance, such as; location of the bus, speed the vehicle is traveling, as well as inside and outside views. All route buses will be clearly marked with a route number, in accordance with the school district s bus routes, and be clearly marked with a name. Route numbers must appear on all four sides of the bus and names must appear on both sides of the bus. All names will be approved by the School Department and suggestions will be solicited from the contractor. All (5) Extra Curricular buses will be clearly marked Barnstable Public Schools when in use for Extra Curricular activities. The School Department reserves the right to advertise on School Buses. All scheduling, management of the service, and any equipment required to advertise on school buses, will be provided by the School Department and will not require the Contractor to alter his equipment. This should not be considered a cost factor in this bid as it will not be an expense to the Contractor. 10. If applicable laws and regulations change, during the period of this contract and require the Contractor to change or modify his equipment and/or operations in any way, at an additional expense, the School Committee may negotiate a reimbursement. 11. No vehicle is to be substituted or added to the list of vehicles as submitted, on the Vehicle Description Bid Form, without prior approval of the School Committee or its designee. A written request to substitute or add vehicles which clearly states the reason for such substitutions or additions will be required. 12. All buses assigned to Barnstable Public Schools will be used for Barnstable Public Schools Bus Routes during route times, unless maintenance is being performed or said bus in not in service for a mechanical reason. Barnstable buses may be used for other then Barnstable Public Schools services provided it does not interfere with the daily activities of said buses. Since Barnstable Public Schools provides fuel for these buses and if a bus with our fuel must be used by the contractor for other than this district s use, the Contractor will be responsible for replacing the fuel used. The Contractor will replenish the gallons used and will submit supporting documentation as evidence thereof. No Barnstable bus shall be used in other business with Barnstable supplied fuel without permission from the Transportation Director prior to the use of the bus. Usage will be monitored 13

14 and verified by the fueling station, and it s report of mile per gallon per bus. (See fuel section for further description). Recovery of fuel used for other than Barnstable Public Schools use will be based on the arête per gallon set by the district and the amount of gallons used. The m.p.g. rate set by the district can be negotiated between the Contractor and the district, as factors can and do change, that may affect m.p.g. and may need to be amended as necessary. The Contractor will be required to submit supporting documentation that a m.p.g. usage rate has changed and the reasons for the change. 13. The Contractor will provide at least 1 spare bus for every 10 route buses, to be available in the event of a breakdown. Substitute buses shall be no older then ten years old and must be consistent will all other equipment requirements listed in this specification. E. Fuel 1. The School Department will supply the buses with fuel. Supplying of such fuel will be done in accordance with any and all Internal Revenue Codes. 2. Should a vendor not have a fueling facility on their location that can be supplied fuel by Barnstable Public Schools, the following is how fuel will be handled for the school buses: Fueling of the buses will take place at the Town of Barnstable s Department of Public Works (DPW) fueling station on Rt. 28 in Hyannis. A fueling schedule will be set up and finalized with the Contractor, after the award of this contract. The schedule is subject to change at the discretion of the D.P.W. and in the event of emergencies or inclement weather; the D.P.W. vehicles will have priority at the fueling pumps. There is no fueling from 6:45 am to 9:00 am and 3:00 pm to 3:45 pm, with preferable fueling hours for the school buses in between 9:15 to 2:45 or after 3:45 pm. 3. Any and all personnel who may utilize this fueling station must be trained by the D.P.W. staff prior to operating the pumps. 4. For emergencies only, the Contractor will be allowed to use an alternate source for fuel. Prior approval must be received from the School Department. The Contractor must make a reasonable effort to purchase fuel at the lowest area market price. Reimbursement for the exact cost of the expenditure will be made by the School Department along with the monthly billing. A valid sales slip must be submitted with the invoice. No reimbursement will be made without prior approval and sales slip. 5. A daily record of all fuel consumed, as well as miles per gallon by each bus, will be maintained by the D.P. W. or the Contractor, in the event they have fueling on location. Whether the vendor is fueling on location or the D.P.W. facility is in use, the same system must be able to provide the following: a monthly report will be provided to the School Department and the Contractor. The report will contain the bus number, the persons identification number that is fueling, gallons pumped, mileage of the vehicle and miles per gallon the vehicle is averaging. It is expected that buses should achieve an average 9 m.p.g. performance level. Should any buses mile per gallon rating fall to 6 m.p.g. or below, the Contractor will be required to purchase at an alternate location, at their expense, fuel to replace the difference between the 6 m.p.g. minimum and the standard of 9 m.p.g. for excess gallons consumed. Barnstable supplied fuel usage in Barnstable buses used for transportation other than for Barnstable Public Schools will be maintained and verified by the Transportation Director on a monthly basis as noted in Section D, Paragraph 12. Mile per gallon 14

15 ratings of 6 m.p.g. or lower would indicate the bus in being used for other services and/or the bus needs maintenance. The Barnstable School Department reserves the right to go back and investigate any and all discrepancies.. 6. During the summer months, which school is not in session, the Contractor will fuel at an alternate fueling station at their own expense, unless it is a Barnstable Public Schools function and the School Department has given the Contractor permission to use the D.P.W. fueling station or Barnstable supplied fuel. 7. Since the School Department supplies the fuel there is no need for a fuel escalation clause in this Contract. 8. The School Department would like all bid submissions to include a page on the Contractor s Alternative Fuel Method s Philosophy. The Town of Barnstable has a Green Initiatives program and wants to see the philosophy of all prospective bidders. Included in the philosophy should be any information on Green programs that your company is currently involved in or looking to implement in the future. F. Route and Schedules 1. For Extra Curricular: Bidders must furnish a price per mile, a price per hour of waiting time and a price per in town trip on the attached bid form sheet. An in town trip is an all inclusive (round trip) trip within the boundaries of the Town of Barnstable. An In Town trip includes wait time, as noted below and mileage, if applicable and or pickup and drop-off up to and including trips that the buses leave them at a destination and return for them later on. The In Town trips are typically 15 miles, one way, and may include up to (1) hour, of wait time. In Town trips that are above and beyond the included description will be billed at the per mile, per hour wait time or the In Town trip cost, which ever is the lowest dollar amount to the School Department. All other trips will be billed at the per mileage and wait time price bid. Mileage shall be measured from the designated point of departure to the designated point of return. Billing will be based upon per mileage cost and waiting time cost. Except where noted on the in town trips. Bidders must complete the Extra Curricular Bid form as instructed on the form. 2. For Regular Transportation: Bidders must furnish a yearly price by tier and calculate that out by the number of buses in that tier for a total annual figure for each tier structure. Bidders must complete the Regular Transportation Bid form as instructed on the form. Bidder to use the current number of buses and tier schedule in calculating this bid. The Town reserves the right to modify the schedule and will only pay for actual buses utilized in accordance with final contracted pricing schedule. 3. For clarification purposes, a route is considered a tier of a bus or, for example, the High School portion of a bus run. A run is considered to be that particular bus s total run, for example, a single, double or triple run, what that particular bus does for the entire day. 4. Changes in starting and dismissal times shall be at the discretion of the School Department and shall not be the reason for any adjustment in the contract price. 5. The School Department will have the right to make revisions in routes/runs and the number of buses needed to best suit the needs of the Schools. Such route revisions, as in the number of bus stops and their locations on the same route, will be deemed a part of the contracted run as 15

16 long as it is scheduled during the normal times of vehicles. All other route revisions are described on the regular transportation bid form and shall be bid as described on the form. In the event that additional buses are added, as in additional whole runs, then they will be added at the rate as described on the regular transportation bid form. In the event that vehicles are eliminated, as in whole vehicle runs, they will be deleted at the rate as described on the regular transportation bid form. 6. The School Department, through the Transportation Director, will provide all route sheets, times, student data, and any other information pertaining to the transportation of the students. All changes and any route information is under the direction of the Transportation Director and the drivers will adhere to designated stops and assignments unless otherwise approved by the district. 7. In cases of inclement weather or unforeseen circumstances, need to cancel school on any given day may occur. Notification will be given to the contractor prior to 6:00 a.m. and the Contractor will not bill for services for this day. The School Department also reserves the right to change time schedules to accommodate In-Service sessions and Exams, during such times there will be no added charges for these days. 8. Buses shall, during such time as they are utilized in the performance of this contract, be under the general direction and control of the School Committee and Superintendent of Schools or his/her designee. G. Insurance 1. Indemnification - Contractor will indemnify and hold harmless the Town of Barnstable and its employees against any and all claims for damages on account of bodily injury, including death, property damage, personal injury, and advertising injury by any act or omission due to negligence of the Contractor, subcontracts, its agents, or employees during the term or any extension of the resultant agreement, and in case of any action or actions or other legal proceedings shall be brought or instituted against the Town of Barnstable on account of any such claims, Contractor shall indemnify and hold harmless the Town of Barnstable. However, should the claim be due to the negligence of the Town of Barnstable and/or its employees, Contractor shall be held harmless, provided that nothing contained herein or elsewhere in this agreement constitutes an express or implied waiver of the Town of Barnstable's limited liability. 2. General Insurance - The Contractor shall, before commencing performance of the contract, be responsible for providing and maintaining insurance coverage in force for the life of the contract of the kind and in adequate amounts to secure all of the obligations under the contract and with insurance companies acceptable to the Town of Barnstable. All such insurance carried should not be less than the kinds and amounts designated herein, and the Contractor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Contractor to any such kinds and amounts of insurance coverage. Under all insurance coverage, required or not required by the Town, the Contractor shall indemnify, and hold harmless the Town of Barnstable, its elected or duly appointed offices, directors and employees against any claim based upon negligent, accidental or intentional acts or omissions of the contractor, its employees or its agents in providing its services to employees of the municipality or their dependants pursuant to the agreement. 16

17 With the exception of Professional Services Liability for architects, designers and engineers, and Worker s Compensation, the Town of Barnstable and its employees must be named as an additional insured and a certificate of insurance will be provided indicating such for each of the insurance policies or surety bonds obtained pursuant to the requirements established by the issuance of the contract. Upon execution of the contract the Contractor will provide copies of certificates of insurance to the Town of Barnstable, Administration & Technical Support Division and Procurement & Risk Management. Failure to provide and continue in force such insurance as aforesaid may be deemed a material breach of this contract, and may constitute sufficient grounds for immediate termination of the same. All insurance maintained as provided for in the above shall be taken out and maintained at the sole expense of the Contractor. Annually, at time of vendor s policy renewal, updated insurance certificates shall be sent to the Town of Barnstable. No cancellations of such insurance, whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the Town of Barnstable at least thirty (30) days prior to the intended effective date thereof, which date shall be expressed in said notice, and which shall be sent out by registered mail, return receipt requested. These provisions shall apply to the legal representatives, trustees in bankruptcy, receiver, assignee, and/or the successor in interest of the Contractor. All insurance coverage shall be placed with such company as may be acceptable to the Town of Barnstable and shall constitute a material part of the contract documents. 3. Comprehensive General Liability Insurance The Contractor shall carry Commercial General Liability Insurance with an each occurrence limit of liability no less than One Million Dollars ($1,000,000.00) and a general aggregate limit of liability no less than Two Million Dollars ($2,000,000.00); and a Products/Completed Operations (as may be required) Aggregate limit no less that Two Million Dollars ($2,000,000.00) for all injury and damages to or destruction of property during the policy period. 4. Automobile Liability and Property Damage Insurance The Contractor shall carry business Automobile Liability Insurance covering all owned vehicles with a combined single limit no less than One Million Dollars ($1,000,000.00) to cover all damage caused by contracted employees of the awarded Contractor. Level of insurance must adequately cover the liability exposure of project site and is subject to Town of Barnstable Risk Manager approval. 5. Workers Compensation Insurance The Contractor shall carry Workers Compensation Insurance as required by Massachusetts General Law, c. 152, and Section 25, with a minimum limit of Employer s Liability as per Massachusetts General Law requirements. 6. Excess Liability Insurance 17

18 The Contractor shall carry excess liability insurance of not less than Five Million Dollars ($5,000,000.00) covering over general liability, automobile, and worker s compensation insurance. 7. At the inception of the contract and by July 1 of each year or at any time at the request of the School Committee of jurisdiction, the Contractor shall provide proof that such insurance is in force under the policies providing for no amendment or cancellation without thirty (30) business days notice to the School Committee, and proof that certificates thereof have been filed with the Registry of Motor Vehicles as required by section 4, Chapter 40 of the General Laws of Massachusetts. The Contractor shall hold the Town of Barnstable, the School Committee and its agents harmless from all liens, claims, damages and lawsuits for bodily injury or property damage incurred while engaged in the fulfillment of this contract. H. Accidents 1. The Contractor shall submit to the School Committee written reports of all accidents in which his equipment pertaining to this contract is involved within twenty-four (24) hours of occurrence. All accidents, especially those involving personal injury or property damage, shall also be called into the School Department's Transportation office as soon as possible. I. Payment 1. For Regular Transportation: Payments shall be made on a ten month (September through June) basis by taking the total yearly contract price and dividing over 10 months for a monthly figure. This amount may be modified if there is a schedule or tier structure change. 2. For Extra Curricular Transportation: Bills will be calculated on the bid price per mile and wait time. Invoices will include all pertinent information to be able to verify the trip and will identify the school, date, mileage and time, to be submitted weekly, to the Transportation Director. There shall be no charge for any after school trip that is canceled prior to 1:00 p.m. on the day of the trip. In the event that cancellation is after this time, the contractor may bill the school for one hour of the price bid for the hourly rate for Extra Curricular. 3. Any receipts for pre-authorized, emergency fuel from a source other than the Town of Barnstable shall be submitted during the month they were incurred and reimbursed at cost. J. Rules and Regulations 1. If any Contractor fails to perform services, or performs services in a manner which is not pursuant to terms and conditions of these specifications, the School Committee may make any reasonable purchase or contract to purchase services in substitution for services due from the Contractor and may deduct the cost of any substitute contract or the damages sustained by the School Committee due to non-conformance of services, together with any incidental and consequential damages, from the contract price, and may withhold such damages from sums due or to become due to the Contractor. If any sustained costs exceed sums due or to become due, the Contractor shall pay the difference to the School Committee. 18