Transportation 504 Students

SCHOOL TRANSPORTATION: 504 STUDENTS

LOWELL PUBLIC SCHOOLS

INVITATION FOR BID

IFB 27-07

CITY OF LOWELL, MASSACHUSETTS

RELEASED: MONDAY, AUGUST 31, 2026

DUE BY: TUESDAY, SEPTEMBER 15, 2026 11:00 AM

DELIVER TO:

City of Lowell

Purchasing Department

375 Merrimack St, 3rd Floor, Room 60

Lowell, MA 01852

SCHOOL TRANSPORTATION: 504 STUDENTS

RESPONDENT’S CHECKLIST

Please ensure that all documents listed on this checklist are included, and/or acknowledged with your submission. Failure to do so may subject the bidder(s) to disqualification.

_____ Respondent’s Checklist (this form)

_____ Electronic Copy of Bid (thumb drive)

_____ Letter of Transmittal

_____ Price Sheet (Bid Pricing)

References

Statement of Bidder(s)’s Qualification

Equipment Description List

_____ Certificate of Non-Collusion

_____ Certificate of Tax Compliance

_____ Clerk Certificate

_____ Form W-9

_____ Acknowledgement of Addenda (submission of copy of addenda issued, if any)

CITY OF LOWELL

SCHOOL TRANSPORTATION: 504 STUDENTS

INVITATION FOR BIDS

IFB 27-07

TABLE OF CONTENTS

Section Description

1. Introduction

2. General Instructions and Conditions

3. Bid Specifications & Special Conditions

4. References and Company Information

5. Item List & Price Sheet

6. Prevailing Wage Rate Sheets

7. Statement of Bidder(s) Qualifications

8. Equipment Description List

9. Contract Authorization Forms & W-9 Form

SECTION ONE

INTRODUCTION

The City of Lowell invites bids from qualified vendors interested in providing transportation services to students who require transportation as an accommodation under Section 504 of the Rehabilitation Act of 1973. This is in accordance with the provisions of the Laws of the Commonwealth of Massachusetts, which oblige the School Departments of Cities and Towns to provide adequate transportation for students with transportation identified as an accommodation under Section 504 of the Rehabilitation Act of 1973, within the City of Lowell as well as out-of-district, as applicable, under the terms of their approved 504 Accommodation Plans.

TIME TABLE

Dates and times listed on this IFB Time Table are subject to change.

IFB Available	Monday, August 31, 2026 @ 9:00 a.m.
Deadline for submitting questions	Thursday, September 4, 2026 @ 2:00 p.m.
Bids Due	Tuesday, September 15, 2026 @ 11:00 a.m.
Award of Contract	October 1, 2026 (subject to change)

SECTION TWO

GENERAL INSTRUCTIONS AND CONDITIONS

1. Bid Open Date. Pursuant to M.G.L. Chapter 30B, the City of Lowell seeks bids from qualified bidder(s) interested in providing School Transportation: 504 Students to the Lowell Public Schools’ Transportation Department as required and as listed in this IFB. Bidder(s) shall submit ONE (1) hard copy and one (1) electronic copy of their bid in a sealed envelope and properly labeled as “IFB 25-83 - SCHOOL TRANSPORTATION: 504 STUDENTS”. Bids are due on or before 11:00 a.m. Tuesday, September 15, 2026 at the City of Lowell Office of the Purchasing Agent, 375 Merrimack St, 3rd Floor Room 60, Lowell, MA 01852. Late bids will not be considered.

2. Time for Award. The Director of Procurement, after a recommendation from the initiating department head shall review and award. An award(s) of contract will be made within thirty (30) days after the bid submission date or as soon as practicable thereafter. The time for award(s) may be extended for up to thirty (30) days by mutual agreement.

3. Questions. Concerning this IFB, questions may ONLY be submitted in writing to P. Michael Vaughn, City of Lowell’s Director of Procurement, before 2:00 p.m. on Friday September 4, 2026 Questions may be mailed, delivered, or emailed to pmvaughn@lowellma.gov

4. Written responses will be emailed to all bidder(s)s on record as having received the IFB package.  Bidder(s)s should note that oral communications are not binding on the City. Questions received after the due date will not be responded to unless the City determines it is necessary. The City of Lowell has identified a sole point of contact with bidder(s) for the purpose of this IFB. Any attempt to contact any other City of Lowell employee or to circumvent these procedures in any manner may be grounds for disqualification of the bidder(s) from the procurement process.

5. Withdrawal/Modifications. All bids received by the City of Lowell in response to this IFB shall be considered “firm” and may only be withdrawn as provided by M.G.L. c.30B. A bidder(s) may correct, modify or withdraw a bid by sealed written notice clearly marked as a correction, modification or withdrawal and received in the Office of the Director of Procurement prior to the time and date set forth for bid submission. Once a bid is submitted and received by the City for final consideration and comparison with other bids similarly submitted, the Bidder(s) agrees that he/she may not and will not withdraw his/her bid within thirty (30) consecutive days after the actual date of opening bids.

6. Miscalculation of Bid Price. After the bid submission deadline, a bidder(s) 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(s) will be allowed to correct them. If a mistake and the intended proposal are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid and the bidder(s) will be notified in writing; the bidder(s) may not withdraw the bid. A bidder(s) 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. Wherever there is a discrepancy between the bid price and the written words, the written word shall prevail.

7. Firm Bid Price. Prices offered by the bidder(s) shall be firm and not subject to increase during the term of any contractual agreement arising between the City of Lowell and the successful bidder(s) as a result of this IFB, except as may be otherwise provided in this IFB or the contract pursuant to it with the successful bidder(s). Prices offered must remain firm for the entire contract term. There is no escalation clause in this IFB or contract. Bidder(s)s are urged to take this into consideration when bidding.

8. Rejection of Bids. The City reserves the right to cancel this IFB, 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.

9. Conditional Bid. Bids which are incomplete, conditional, not properly endorsed, or signed, or which are otherwise contrary to these instructions may be rejected.

10. Appropriation. The contract award is subject to an appropriation by the City Council for the fiscal year in which the contract is executed and for any subsequent fiscal year during the contract term.

11. Conflict of Interest. It is prohibited for any bid to be submitted that would constitute a violation of the conflict of interest statute, M.G.L. Chapter 268A.

12. Contract Documents/IFB. This Invitation for Bid (IFB), with all of its terms and conditions, will be part of the contract.

13. Procurement Process Overview. The City's IFB has been structured to comply with Chapter 30B of the Massachusetts General Laws. All respondents to the IFB must ensure that all required documentation is submitted to the City.

The City bid review process will consist of the following:

• All bids will be reviewed to determine if the Minimum Submission Requirements criteria have been complied with. Bids that do not meet the Minimum Criteria will not be further reviewed and will be considered as non-responsive.

• All bids meeting the Minimum Submission Requirements will be initially evaluated based on the specific information presented in the IFB

• The City will review all bids and pricing to determine the lowest responsive and responsible bidder(s). A responsive bidder(s) is one who’s bid fully complies with all requirements set forth in the IFB. A responsible bidder(s) is one who has the capacity to carry out the required work in the IFB.

14. Invoices. All invoices are to be submitted to the Lowell Public Schools, Transportation Department, 155 Merrimack St, Lowell, MA 01852, Attention: Transportation Director. Only invoices referencing a valid purchase order authorized by the Lowell Public School’s Business Office and/or City Auditor will be processed for payment.

All invoices submitted in the manner stated above will be processed and forwarded to the City Auditor’s Office for payment within sixty (60) days, provided the equipment, materials, supplies and/or services have been delivered, as directed and accepted by the City of Lawrence.

To ensure a proper invoice, the invoice must include the following information and/or attached documentation:

• Name of the business concern, invoice number and invoice date;

• Contract number, or authorization for delivery of property or performance of services;

• Description, price, quantity and services/supplies actually delivered or rendered;

• Shipping and payment terms;

• Name (where practicable), title, phone number, and complete mailing address of responsible official to who payment is to be sent; and

• Other substantiating documentation or information as required by the contract.

Additional copies of invoices and all supporting documentation shall be provided upon request.

Invoices submitted for payment by the Contractor that does not list the above information will be rejected and not paid.

15. Examination/Evaluation of the IFB. Bidder(s)s shall examine all information and materials contained in and with this IFB. This shall include, but not limited to, all relevant laws and regulations of the Commonwealth of Massachusetts and the United States Government. Failure to do so shall be at the bidder(s)’s risk.

All bids submitted in response to this IFB will be evaluated in accordance with the

provisions established under Massachusetts General Law Chapter 30B. Bidder(s)s will be required to adhere to the guidelines established under this statute.

16. Proprietary/Brand/Trade Names. The use of a proprietary, brand or trade name in any description of equipment, materials or supplies, in this IFB, is not intended to restrict this IFB to the manufacturer or proprietor; instead it is intended only to describe, by convenient reference to familiar products, the features or characteristics required by the City of Lowell. Further, the use of any trademark in any description of equipment, materials or supplies does not constitute any endorsement of the product by the City of Lowell. Any item that is the equivalent, in style, quality, dimensions and color, to the brand specified will be acceptable to the City of Lowell. Items not marked on the cost bid form, as being equivalent shall be evaluated as being the item specified and be ordered as such, if an award is made. The City of Lowell will be the sole judge as to the fitness of any equivalent item for the purpose intended in this bid.

17. References. Bidder(s)s shall provide the City of Lowell with at least three (3) references from clients of similar scope and size to this IFB. Section 4.

18. Rule for Award. Pursuant with the provisions of M.G.L. c.30B, a three (3) year contract shall be awarded to the responsive and responsible bidder(s)(s) offering the lowest total bid price. A responsive bidder(s) is a bidder(s) who has submitted a bid that conforms in all respects to the invitation for bids. A responsible bidder(s) is a bidder(s) who has the capability to perform fully the contract requirements, and has the integrity and reliability, which assures good faith performance. Bidder(s)s must bid all items to be considered a responsive bidder(s).

These specifications are in anticipation of funding. All contracts are voided if funds are not

available.

19. City’s Rights: The City of Lowell reserves the right to seek alternative quotes and execute an agreement, if needed, pursuant to proper procurement statutes for work covered under this IFB.

20. Exceptions to the IFB. All exceptions to this IFB shall be clearly identified and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City of Lowell, and a description of the advantages to be gained by the City of Lowell as a result of these exceptions.

21. Orders. Verbal Orders are not binding on the City of Lowell and any delivery made or work performed without written order or written Contract are at the risk of the Seller or Contractor and may result in an unenforceable claim. The actual needs of City Departments shall govern the actual amount delivered under Contract to be drawn and entered into between the successful bidder(s) and the City. Purchase Orders issued by the City to pay for goods or services shall be made part of the contract.

22. Price Escalation Clause. Prices offered by the bidder(s) must be firm and not subject to increase during the term of the contract. Price escalation clauses over and above the total submitted bid price(s) are not allowed. Only the total bid price(s) will be accepted. Bidder(s)s cannot insert/include a statement indicating their price(s) will increase during the life of this contract above or beyond their submitted bid price(s) due to third party action or unnamed contingencies. Inclusion of an escalation clause of any kind will result in the rejection of your bid.

23. Incurring Costs. The City of Lowell shall not be liable for any costs incurred by bidder(s)s in preparing, submitting or presenting bids, or in satisfying any demonstration or other requirements.

The City of Lowell shall not reimburse any costs incurred by bidder(s)s in anticipation of being awarded the contract under this IFB.

The City of Lowell shall not accept billings for additional costs except as may be otherwise specified in this IFB or the Agreement pursuant hereto.

24. Responsibilities of Prime Contractor. The successful bidder(s) shall be considered as the prime Contractor and shall be required to assume total responsibility for all billing and mailing services offered in its bid, whether or not it is the manufacturer, producer, author or supplier of them.

The City of Lowell shall consider the successful bidder(s) to be the sole point of contact with regard to all contractual matters, including the performance, service of and payment for services rendered.

25. Availability of Funds. If the City of Lowell should not, for any reason at any time, appropriate or otherwise make available funds to support continuation of performance in any fiscal year succeeding the first year, the City f Lowell’s Director of Procurement shall cancel any contract pursuant to this IFB without penalty upon thirty (30) days’ notice to the successful bidder(s).

26. No Assignment. Assignment by the successful contractor to any third party of any contract based on this IFB or any monies due shall be absolutely prohibited without the prior written consent of the City thereto.

27. Confidentiality. Under the Massachusetts General Laws, the City of Lowell cannot assure the confidentiality of any material or information, which may be submitted by a bidder(s) in response to this IFB. Thus, bidder(s)s who choose to submit confidential material or information do so at their own risk.

28. Laws and Regulations. The Contractor shall comply with all Federal, State and Local Ordinances and Regulations governing the type of work indicated in these specifications.

29. Rights to Submitted Material. All bids, responses, inquiries, or correspondence relating to or in reference to this IFB, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by bidder(s)s shall become the property of the City of Lowell when received. The City of Lowell shall have no obligation to return any such submitted material.

Supporting technical manuals will be returned at the request of the contractor. The City of Lowell retains the right to use any or all system ideas presented in any bid in response to the IFB, whether amended or not. Selection or rejection of any bid does not affect this right.

30. Force Majeure. Neither the bidder(s) nor the City shall be liable, nor may either cancel the Agreement pursuant to this IFB, when delays arise out of causes beyond the control and without the fault or negligence of the bidder(s) or the City. Such causes may include but are not restricted to acts of God or the public enemy, acts of the City in sovereign capacity, fires, floods, lightning strikes, epidemics, quarantine restrictions, strikes, freight embargoes, wars, civil disturbances, work stoppage, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, and unusually severe weather (defined as any weather situation which requires the Governor of the Commonwealth of Massachusetts to declare a state of emergency). In every case, the delay must be beyond the control and without the fault or negligence of either party. If the bidder(s) is delayed in her performance as a result of the above causes, the City may either one (1) extend the time for completion of such responsibilities for a period equivalent to the time lost for completion of such responsibilities by reason of any or all of the aforesaid causes, or two (2) secure substitute performance at its own cost and expense during the duration of the excusable delay and reduce performance and payment under this Agreement, or three (3) terminate all or a portion of this Agreement when the delay totally precludes the bidder(s)’s performance for materially affects it and the delay continues for a delay of (30) thirty days. The City agrees that within ten (10) business days after commencement of the delay, it shall give the bidder(s) written notice of its election as to options one (1), two (2), or three (3).

31. Liability and Insurance. Bidder(s)s shall save and keep the City of Lowell harmless for any and all legal liability, which may be established on behalf of any person, persons or corporation, whomsoever for, growing out of the normal use of these services. The successful bidder(s) shall take out and maintain during the life of the contract pursuant to the IFB such Public Liability and Property Damage Insurances as shall protect him and any subcontractor performing work covered by the contract form claims for damages for injury, including accidental death, as well as for claims for property damage which may arise from operations by himself or by his subcontractor(s) or by anyone directly or indirectly employed by either of them. The successful bidder(s) shall also take out and maintain for the term of the contract all coverage’s required by statute or regulation. General liability insurance shall be maintained in the amount of $500,000 including property damage in the amount of $500,000. Bodily injury insurance shall be maintained in the amount of $1,000,000. Proof of the existence of such coverage shall be furnished to the City of Lowell at the time of execution of the contract. The City of Lowell shall be named as an insured.

The contract between the City of Lowell and the successful bidder(s) shall have the bidder(s) hold the City harmless and indemnify the City for damages arising from bidder(s)’s actions. No exception to this part of the contract will be accepted.

32. Non-Discrimination in Employment and Affirmative Action. The bidder(s) shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, religion or physical or mental handicap. The bidder(s) agrees to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment including: Title VII of the Civil Rights Acts of 1964; the Age Discrimination in Employment Act of 1973; Massachusetts General Laws Chapter 151B Section 4 (1) and all relevant administrative orders and executive orders.

If a complaint or claim alleging violation by the bidder(s) of such statutes, rules or regulations is presented to the Massachusetts Commission Against Discrimination (MCAD) the bidder(s) agrees to cooperate with MCAD in the investigation and disposition of such complaint or claim.

In the event of the bidder(s)’s noncompliance with the provisions of this section, the City of Lowell shall impose such sanctions, as it deems appropriate, including but not limited to:

i. Withholding of payments due the bidder(s) until the bidder(s) complies; and

ii. Termination or suspension of any contract or agreement pursuant to this IFB.

REJECTION OF BIDS

The City of Lowell reserves the right to reject any and all bids received in response to this IFB. The City also reserves the right to waive what it may consider minor informalities with bids submitted. A bidder(s)’s bid may be rejected if the bidder(s):

1. Fails to adhere to one or more of the provisions established in this IFB.

2. Fails to submit its bid at the time and in the format specified herein or to supply the minimum information requested.

3. Fails to meet unconditionally or is unable to demonstrate competence to meet the mandatory technical and business specifications required by this IFB.

4. Fails to submit its bid to the required address on or before the deadline date established by the Transmittal Letter.

5. Fails to submit any of the following: Clerk Certificate, Tax Compliance, Non-Collusion, W9, as specified in this IFB.

6. Misrepresents its products or provides demonstrably false information in its bid or fails to provide material information.

7. Fails to sign the Bid Price Form.

8. Does not meet some or any of the Quality Requirements as required in this IFB.

FORM AND STRUCTURE OF BID

One complete hard copy and one (1) electronic copy (thumb drive) of the bid must be submitted in a sealed envelope and labeled as follows: IFB 27-07 - SCHOOL TRANSPORTATION: 504 STUDENTS To be considered a complete bid, bidder(s)s must include all of the following in their submittal. The bid must be organized in the following manner:

• Respondent’s Checklist (Page 3)

• Bid Submittal. Bid submittals shall consist of one original hard copy and one electronic copy (thumb drive)

• Letter of Transmittal. Each bid shall include a letter of transmittal, not to exceed two pages in length, which bears the signature of an authorized representative of the prime Vendor and designates by name not more than two (2) individuals who will execute the contract with Lowell on behalf of the prime Vendor. The letter of transmittal shall also state that the proposal will remain in effect for a period of thirty (30) calendar days after the deadline for submission of proposals.

• Quality Requirements. Each bidder(s) shall respond to each criterion as listed on Page 12 of this IFB with a Yes or No and submit with their bid. A failure to respond to any of the following minimum standards may result in disqualification of your bid.

• Statement of Bidder(s)’s Qualifications. This form must be completed and submitted with the bid.

• Equipment Description List. This form must be completed and submitted with the bid.

• Bid Price Sheet. (Bid Pricing) This form MUST be properly completed and submitted with your bid. Absolutely no changes to this form will be accepted and will result in the rejection of your bid.

• References. Bidder(s)s shall provide the City of Lowell with at least three references from clients of similar scope to this IFB.

• Required Forms. In this section shall be a fully completed and signed Clerk Certificate, Certificate of Non-Collusion, Certificate of Tax Compliance and Form W9.

QUALITY REQUIREMENTS

Quality requirements, or basic business requirements, are the minimum set of standards that an entity must meet and certify to be considered responsive and responsible. Please complete the Quality Requirements form below and submit it with your completed bid. The City of Lowell may disqualify any response that does not meet the minimum qualification requirements. A negative response to any items or a failure to respond to any of the following minimum standards may result in rejection of your bid.

QUALITY REQUIREMENTS	YES	NO
1.	Does the Bidder(s) certify that they have submitted a complete bid package as outlined in Section 2, Form and Structure of Bid, of the IFB?
2.	Does the Bidder(s) certify that it has never defaulted or been released from a contract and has no documentable record of non-performance or significant unsatisfactory performance? • Bidder(s)s must list any unsatisfactory or non-performance reports against them by any Massachusetts municipalities. Listed shall be the reporting municipality, contact person & telephone number.
3.	Bidder(s) is utilizing vans/vehicles are no more than twelve (12) years old and less than 150,000 miles.
4.	Bidder(s) has demonstrated that it has successful provided transportation for at least two (2) years to municipalities and/or other educational institutions?
5.	Bidder(s) has submitted a complete proposal with all required documents signed; i.e. Non-Collusion, Tax Compliance, Clerk Certificate Forms and Form W9, as instructed in Form and Structure of Bid in this IFB27-07

In order to provide verification of affirmative responses to items 1 - 5 under the qualification requirements listed above, bidder(s)s must submit written information that details the general background, experience and qualifications of the organization. Subcontractors, if applicable, must be also included.

REFERENCES

The Contractor shall provide the City with the name, address, telephone number and responsible agent of all municipalities/ institutions for which the Contractor has provided school bus transportation services, within the last two (2) years, so that the City may obtain and review all relevant reference data in its decision- making process towards the awarding of the Contract. By providing a bid and list of references, the Bidder(s)/Contractor warrants that the list is complete and by tendering its bid and providing the above list of references, the Bidder(s)/Contractor thereby authorizes and releases both the City of Lowell and the above previously serviced municipality/institution to openly and fully discuss the municipality's/institution's evaluations, opinions or perceptions of Bidder(s)s’/Contractors’ prior performance and reputation, and by said bid tender and list of municipalities/institutions said Bidder(s)/Contractor does thereby agree to release indemnify and hold harmless both the City and the said municipalities/institutions and their agents of and from any and all liability, both at law and in equity, which might arise or be claimed to arise from the providing of information, data, evaluations or opinions relating to the said Bidder(s)/Contractor or its agents, officers or employees. In the context of this bid the term Bidder(s) and/or Contractor shall mean and include any and all other corporations or entities in which any of the Bidder(s)s’/Contractors’ Corporate Officers, Directors, Share Holders, Principal Administrative or Operating Personnel or owners were previously involved or associated with.

SECTION 3

BID SPECIFICATIONS & SPECIAL CONDITIONS

The City of Lowell invites bids from qualified vendors interested in providing transportation services to students who require transportation as an accommodation under Section 504 of the Rehabilitation Act of 1973. This is in accordance with the provisions of the Laws of the Commonwealth of Massachusetts, which oblige the School Departments of Cities and Towns to provide adequate transportation for students with transportation identified as an accommodation under Section 504 of the Rehabilitation Act of 1973, within the City of Lowell as well as out-of-district, as applicable, under the terms of their approved 504 Accommodation Plans.

The successful contractor(s) shall furnish School Transportation: 504 Students, as required by the Lowell Public Schools’ Transportation Department, during the period of October 1, 2026 through September 30, 2029.

SCOPE OF SERVICES

The contract for the furnishing of scheduled transportation for all designated school children of the City of Lowell, Massachusetts, shall include the furnishing of all services necessary and required, consisting of but not limited to the following: transportation equipment, operators, monitors, maintenance of equipment, operation, supervision, inspection, registration, licensing, insurance and conformity with all applicable laws, rules and regulations of the Commonwealth of Massachusetts, the Massachusetts Registry of Motor Vehicles, the City of Lowell and the Lowell Public Schools.

A. SCHEDULES & ROUTES

1. Pupils from areas within and outside of the City of Lowell are to be transported to and from various schools and facilities within and outside Lowell. These pupils will be of all ages and grades. All pupils will be picked up and dropped off at designated schools and given addresses at appointed times. At no time, should a contractor agree to transport a student from a different address other than the address given to the contractor by the school district. All address changes must be approved by the district.

2. The City makes no representations or guarantees as to the number of students who will require transportation over the duration of the contract. The number of pupils must of necessity vary according to the need and no minimum or maximum can be established. Contractor must be able to provide transportation services within 2-4 days of new requests. If a student who is scheduled for a transport does not board the vehicle after 3 consecutive school days, the contractor must inform the school district. The school district will make a determination on whether to continue the transportation.

3. Contractor will be responsible for monitoring school closings for all other schools within their routes on days when Lowell remains open. If a particular district from which students are transported is closed, the Contractor should not pick up those students. It is the responsibility of the Contractor to be aware of the state of school closings within their jurisdiction at all times.

4. Lowell will assume no responsibility, financially or otherwise, for vehicles when school is not in session because of vacations or the cancellation of sessions due to inclement weather.

5. Any overtime as a result of the Contractor's failure to meet established schedules shall not be subject to reimbursement. This includes delays caused by, but not limited to mechanical problems, drivers' performance, weather and abnormal traffic conditions.

B. EQUIPMENT

1. Bidder(s) must be prepared to provide fully functional properly maintained, clean and ample equipment with provisions to have spare (back-up) vehicles to promptly cover emergencies.

2. It shall be the Contractor's legal and financial responsibility to see that all vehicles and equipment and operation of the same conform through the duration of the contract to all requirements of the laws of the United States, the Commonwealth of Massachusetts, and the regulations of the State Registry of Motor Vehicles and/or the State Department of Public Utilities and/or any other federal or state agency having jurisdiction. The Contractor shall procure and maintain all applicable permits, licenses, and approvals necessary for the performance of services under this contract at the Contractor's expense.

3. The Contractor shall agree to keep each vehicle in good appearance and in good working condition and to furnish at the Contractor's expense all necessary oil, grease, tires, and other supplies, as well as properly maintain and repair vehicles throughout the entire period of the contract.

4. Contractor will be responsible for the daily condition of each vehicle used to transport students. Vehicle must be clean at all times and be kept free of noxious odors. The Contractor agrees that there will be no smoking in the vehicles at any time, with or without students being present.

5. A full list [see attached sample Equipment Description Form] of the vehicles to be used to fulfill the contract will be required annually. This list should be updated throughout the contract term as changes occur. Only equipment described in the required Equipment Description Forms or equivalent equipment as approved by Lowell shall be used in the performance of these contracts. Reasonable rotation of approved equipment will be permitted. Lowell reserves the right to reject any vehicle not meeting the specifications set forth above.

6. All required inspections, including those done by the Registry of Motor Vehicles and those mandated by Chapter 766 or other laws, performed on any vehicles used to fulfill the conditions of these contracts shall be at the Contractor's expense, and copies of all reports, summaries, checklists, corrective action required, and all other recommendations or findings communicated to the Contractor by the Registry of Motor Vehicles or other inspection agency shall be filed by the Contractor with the Lowell Public Schools’ Transportation Director, 155 Merrimack St, Lowell, MA 01852, within three (3) business days of their receipt by the Contractor. In addition, the City reserves the right to inspect any or all vehicles at any reasonable time. Vehicles deemed not in compliance with applicable laws and/or the equipment specifications set forth in this document may not be used to provide transportation under this contract and must be replaced or repaired.

7. The successful bidder(s)(s) shall provide and install a GPS management solution in each of the vehicles (regular, emergency, and spare) use in performance of this contract. The successful bidder(s) shall provide and install all necessary software and ensure continuous connection to the GPS solution from the Lowell Public Schools Transportation Department for the duration of the contract at no additional cost to the Lowell Public Schools.

8. The successful bidder(s) shall supply and install in all vehicles to be used under the terms of this contract a video system equal to or exceeding the specifications of the “Harrier” digital video system supplied by Zen-tinel. Each van used in performance of this contract shall have a camera installed at the expenses of the successful bidder(s). The camera shall be located in the front ceiling of the bus, centered above the driver, scanning the front and middle rows and sections of the van. The digital video system selected is subject to the final approval of the Lowell Public Schools before installation to ensure conformity with all specifications.

• Cameras and hard drives shall be used only in accordance with the policies and procedures of the Lowell Public Schools. All video images and audio recordings are the sole property of the Lowell Public Schools. No video may be viewed prior to being turned over to an authorized representative of the Lowell Public Schools.

C. OPERATORS

1. Operators of all vehicles used in the execution of this contract shall be not less than twenty-one (21) years of age. All such drivers must be holders of valid "7-D Operators" license as defined in Chapter 90 Section 8A of the General Laws of the Commonwealth of Massachusetts.

2. In addition to the required annual medical examination, each operator who has indicated a medical history of heart disease, diabetes, or seizure disorder or who is currently under the care of a physician for any medical or psychiatric disorder shall obtain from his/her attending physician certification that the condition will not interfere with his/her ability to perform all of the duties and responsibilities as a school bus driver. The contractor shall annually provide certification that the requirements as set forth in this paragraph have been met.

3. In the interest of maintaining the safety and well-being of each transported student, each operator must demonstrate sufficient English proficiency, spoken and written, to provide assistance to students and to responding emergency personnel in the event of an emergency situation. Bilingual ability (Spanish/English) is strongly encouraged.

4. The City of Lowell reserves the right to bar any person from the operation of any vehicle used to fulfill this contract when, in its opinion, doing so is in the best interests of the City of Lowell and/or the transported students. Further, the City of Lowell reserves the right to require any operator to undergo a further physical examination, at the sole expense of the contractor, by a doctor of medicine selected by the City of Lowell.

5. The Operator shall be responsible for maintaining order among the passengers at all times. Students disobeying instructions of the operator or monitor shall be reported to the principal of the student’s school immediately for disciplinary action, but no later than the next school day following the incident.

6. It shall be the responsibility of the operator to ensure that the safety of the passengers is not jeopardized during boarding and disembarking.

7. All drivers shall be properly attired and neatly groomed at all times while operating or serving on any vehicles carrying students. This shall include clean clothing in good repair and evidence of good and generally accepted personal hygiene. No persons evidencing alcohol or drug usage shall be allowed to operate any vehicle under contract to the School Department. Inappropriate language or graphics may not be worn or otherwise displayed on a person’s clothing or body at any time. The wearing of body piercing devices other than lobe mounted earrings is forbidden.

8. The City of Lowell or its duly authorized representative specifically and particularly reserves the right to promulgate, implement and change as the City of Lowell may deem appropriate a program of random testing for drugs and other controlled substances which may affect the safety of students to be transported. Such program of random testing shall apply to any of the carriers’ personnel whose work performance may affect or endanger the health or safety of the students. The carrier agrees to cooperate fully in any such program and to secure the full and prompt cooperation and compliance of any of its employees or personnel who may be affected hereby. The fees for such a testing program are to be billed to the School Department at cost.

9. No person who is currently employed by the City of Lowell may be employed by the contractor in the performance of this contract.

10. No person may be assigned to a vehicle prior to the successful completion of a Criminal Records Background (CORI) check by the Lowell Public Schools. All drivers shall submit sufficient information to the school department through their respective employers to facilitate such checks including a signed release of the information.

D. OPERATION

1. The City of Lowell reserves the right to rearrange or adjust routes and schedules when it is in the best interest of the Public Schools to do so.

2. Route schedules shall be maintained in such a manner that students and parents may anticipate that pickup or drop off will occur within five minutes of the scheduled time.

3. The contractor will provide sufficient vans on a daily basis to meet all regular bus route needs and assignments.

4. Vans will operate at all times that schools are open.

5. All vehicles shall be cleaned by sweeping or vacuum cleaning daily, and shall be maintained free of noxious odors and poisonous gases at all times. In addition, those vehicles, within which a possible exposure to blood borne pathogens has occurred, shall be disinfected in accordance with guidelines set out in 29 CFR Part 1910.1030 or as it may be amended from time to time.

6. The interior and exterior surfaces of all windows shall be maintained in a clean and safe condition, weather conditions permitting. Under no conditions shall vehicles be operated when the operator's vision is impaired by conditions of the glass surfaces to the point where the safety of the passengers is placed in jeopardy.

7. Windows may be opened in the vehicle when weather conditions permit.

8. Operators shall report complaints by students or parents of students to the Superintendent of Schools or his/her designee promptly through the bus company's designee.

9. The operator shall place the safety of student passengers above any other consideration at all times and shall not leave vehicles unattended when students are in the vehicle except for an emergency involving a radio failure and then only if the students are safer in the vehicle than in the surrounding environment.

10. In accordance with Chapter 90, Section 7L of the General Laws of the Commonwealth of Massachusetts no operator shall allow the number of passengers riding in the vehicle at any one time to exceed the number of seats, nor shall that operator drive that vehicle until each passenger is seated.

11. The operator shall complete the assigned route for that vehicle. No additions or deletions to the scheduled stops may be made without written permission of the Superintendent of Schools or his/her designee.

12. The temperature of the bus interior shall be maintained at a minimum average of fifty- five (55) degrees Fahrenheit when the vehicle is occupied.

13. There will be no smoking, eating or drinking by operators or monitors while transporting students to and from school or during any other school trips. Further, the use of profane or immoral words or language is not permitted. These rules shall apply to the students as well.

14. Only those persons authorized by the Superintendent of Schools or his/her designee shall be transported by the vehicles while performing contracted work.

15. No one but the operator shall occupy the driver's seat.

16. The operator shall not leave his/her vehicle unattended with the motor running.

17. No fueling of the vehicle shall take place while the vehicle is occupied by passengers.

18. The contractor shall employ sufficient supervisory personnel to ensure that all driver and monitor employees are properly and adequately supervised at all times.

E. INSURANCE

1. The contractor shall maintain in effect insurance coverage for property and Massachusetts Automobile liability, naming the City of Lowell as beneficiary, as follows:

a. The CONTRACTOR warrants that the services encompassed in Paragraph 1 to be rendered hereunder, are of the quality necessary for the use intended; that it will furnish the CITY with a Certificate of Insurance in the sum of One Million ($1,000,000.00) Dollars for any one person and One Million ($1,000,000.00) Dollars for any one accident; and Property Damage coverage of not less than One Hundred Thousand ($100,000) Dollars for each vehicle used. This coverage shall include an endorsement for abuse and molestation, including coverage for negligence arising from employment, training, supervision, investigation, and reporting in regard to incidents of abuse and molestation. The CONTRACTOR shall agree to include the CITY as a named insured on said Certificate of Insurance for General Liability, Automobile Liability, Umbrella Liability and Excess Liability coverage."

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