13-807-25-26 ATTACHMENT A - SPECIAL TERMS CONDITIONS.pdf

Elk Grove Unified School District Bid #807-25/26 Attachment A – Special Terms & Conditions Page 1 of 7

ELK GROVE UNIFIED SCHOOL DISTRICT

BID #807-25/26

CHARTER BUS SERVICES – DISTRICT WIDE

ATTACHMENT A

SPECIAL INSTRUCTIONS & CONDITIONS

A. A full-service transportation company that can effectively utilize technology to schedule, dispatch, track, and manage trips is required, and such a company must:

1. Agree to be paid for each trip according to the rates negotiated at the time of each service request. The District will not be charged for “over hours” due to delays caused by the contractor’s equipment failure or driver performance. There shall be no minimum trip charge and no waiting time charge. Cancellation of trip charge for buses cancelled by the District within four (4) hours prior to the scheduled trip time shall be as agreed by the District.

2. Provide vehicles certified to handle students with special needs, including wheelchair accessibility when necessary.

3. Meet requirements of SB-1072 School bus safety: Child Safety Alert System.

https://www.lozanosmith.com/news/cnb/CNB762016.pdf

4. Have the vehicle availability to serve the District’s transportation needs.

5. Provide vehicles that have annual California Highway Patrol (CHP) inspection records available, if applicable.

6. Provide School Pupil Activity Bus (SPAB) certified drivers with experience working with TK- 12 students.

7. Provide drivers who possess Class A or B California commercial driver licenses with the following endorsements:

A. Passenger (P) B. School Bus (S) C. California Special Driver Certificate (DL-45), if applicable.

8. Provide drivers who possess a Medical Certificate (DL-51A), First Aid Certificate, and CHP

(292) Inspection Approval Certificate, if applicable.

9. Provide drivers who have twelve (12) months of driver time records available.

10. Provide drivers who have the Department of Transportation (DOT) Drug and Alcohol policy records available.

https://www.lozanosmith.com/news/cnb/CNB762016.pdf

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11. Assign a certified Driver Instructor/Contract Supervisor to ensure that the District receives consistent, high-quality transportation services.

12. Provide quality service incorporated into all of the transportation company’s processes from simple telephone inquiry to complex routing and dispatching, resulting in consistent, accurate, and professional service, reliability, and performance.

13. Be willing to be cross-trained to ensure a working knowledge of and compliance with the District’s policies and procedures.

14. Be able to schedule, dispatch, track, and manage a variety of District trips.

15. Have a technologically sound, cost-efficient electronic trip management system that includes:

• Number of trips and cost of each trip.

• Visual, user-friendly routing and dispatching.

• GPS date and time-stamped computer-dispatched events.

• Trip data recording.

• Complaint or case investigation and resolution.

B. SUBCONTRACTING FOR VEHICLES OR DRIVER SERVICES IS PROHIBITED UNLESS THE

CONTRACTOR ADHERES TO THE FOLLOWING CONDITIONS:

1. All outsourced subcontractors must be listed and preapproved in writing by the District.

2. The District has the right to reject any subcontractor.

3. Charter bus, activity trips, and other transportation services will be compensated at the agreed-upon rates as awarded to the contractor.

4. The District reserves the right to contact another transportation firm to request and provide charter bus, activity trips, and other transportation services without violating the contract with the contractor.

5. Subcontractor must adhere to all of the requirements of this contract.

6. The District must be notified in advance in writing when a subcontractor will be used to cover a trip.

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C. The Elk Grove Unified School District will contract with one or more contractors for transportation services by privately owned carriers for both intrastate and interstate travel.

Note that interstate travel is limited to adjoining states only. Further, the District expects that all contractors by the act of their bidding shall be certified in accordance with all applicable laws of the State of California as a SPAB and that all drivers of such vehicles will likewise have a valid SPAB license. The District understands that SPAB requirements are invalid outside of California, but upon re-entering California, SPAB regulations are in effect, and the responsible contractor shall notify their terminal closest to the point of re-entry as soon as possible after re-entry to California. Contractors shall provide, with their bid, a listing of all SPAB-certified drivers that will be employed under this contract and shall include expiration dates. Any drivers not listed at the time of bid opening may not be used until approved by the District.

1. PUPIL TRANSPORTATION LAWS: All work performed, and all equipment used by contractors shall meet all applicable “Regulations and Laws Relating to Pupil Transportation in California” as published by the California State Department of Education. Your signed bid will be considered a declaration that such equipment does, in fact, meet all safety regulations. https://www.cde.ca.gov/ls/tn/

2. SERVICES FROM NON-BIDDING CONTRACTOR: The District may require charter bus transportation services at a time when all bidding contractors are unable to service the request. In such an event, the District and/or the bidding contractor shall have the right to contract with any non-bidding contractor on a per-trip basis, provided the non-bidding contractor meets all requirements of the bid specifications as determined by the Director of Transportation.

3. ORDERS: Only orders, verbal or written, placed by the Transportation Department will be acknowledged and authorized by the District.

4. EXTRA CHARGES: The District will not honor any charges not specifically listed in the bid or governed by law.

5. CANCELLATION CHARGE: For single-day trips, the District agrees that Contractors may charge up to $250.00 as a cancellation charge per bus provided said cancellation notice is given by the requestor less than one (1) work week from the date of departure.

Conversely, the District reserves the right to assess the contractor damages should the Contractor fail to provide equal notice of cancellation of equipment and/or trip. The amount of the damages which may be assessed to the contractor shall be equal to the charges to be paid by the District for cancellation, plus any costs incurred by the District in obtaining an alternate carrier, including the difference in trip fees. In addition, Contractor must pay the added cost to the District for booking with another company.

https://www.cde.ca.gov/ls/tn/

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Additionally, the Contractor agrees by the act of their signing of the bid that the District shall have recourse for unauthorized cancellations. For the purpose of definition, unauthorized cancellations shall mean a verbal or written notice of cancellation by the Contractor to the District regarding a reservation, charter order, trip agreement, or other such verbal or written contract representing an agreed-upon trip. The District does not sanction cancellation. In such an event, the District would expect that the reason for cancellation is beyond the control of the Contractor. Any cancellations, including the reason for such cancellation, shall be submitted in writing to the Requestor or Designee no later than five (5) calendar days prior to the date of the trip. In the event of a dispute between the Contractor and the District as to the validity of the reason for said cancellation, the judgment of the Director of Transportation shall prevail.

6. TRANSPORTATION REQUESTS: The District (Transportation Department) may request transportation services verbally or in writing. However, verbal orders must be acknowledged by the contractor within five (5) calendar days from the date of the order on the contractor's standard confirmation form.

7. PASSENGER DAMAGE: The District recognizes its liability toward vandalism of the contractor’s property by its passengers. However, the District demands the right to inspect all damage claimed by the Contractor to have been caused by District passengers.

Said inspection will be made not later than the next schoolwork day following notification by the Contractor. No compensation will be given to the Contractor for such damage unless authorized by the Director of Transportation. The District will make every effort to be reasonable in its evaluation.

8. FEES & TOLLS: Parking fees, entrance fees, tolls, and added mileage in and around the destination city, as well as additional miles to the pre-trip itinerary if approved or ordered by the District’s Transportation Department liaison, shall be expenses of the District payable to the Contractor. If it is necessary that the District place toll or long-distance telephone calls in connection with this contract (for complaints, adjustments, shortages, failure to deliver, etc.), the contractor shall accept charges for such calls on a reverse charge basis.

9. LODGING: The Contractor will book and pay the actual lodging costs of the driver, giving the District said actual costs, for reimbursement, not to exceed $150.00 per day. Driver’s meals shall be the responsibility of the Contractor.

10. DISCOUNTS: Discounts for multi-bus charters will not be considered in awarding trips.

Contractors are encouraged to include any discounts in their bid price(s) at the time of bidding.

11. PREMIUM RATES: Premium rates that are additional to bid prices for weekend, time of the year, or special event charter will not be considered for publicly funded trips.

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12. EXTRA DRIVER: The District shall pay an extra driver charge at a maximum rate of $250.00 per day per driver plus $0.70 per mile (round-trip mileage) plus room charge (not to exceed $150.00 per day) if necessary.

13. RATE ADJUSTMENTS: The prices outlined in Price Schedule, Extra Charges, shall be firm for the initial contract period. In the event the District exercises its option to extend the contract beyond the initial term, Contractor may request a rate adjustment. Any request for rate adjustment shall be made in writing and presented sixty (60) days prior to the anniversary date of each contract year (Board award date). In no event shall the amount of increase granted by the District exceed two (2) percent annually.

14. EQUIPMENT SUMMARY: Contractors shall furnish with their bid a summary of all vehicles that may be provided to the District for use. In addition, Contractors shall furnish vehicle inspection approval certificates.

15. ATHLETIC PLAYOFFS: The District shall be allowed to book and cancel athletic teams involved in “playoffs”, on short-term notice. This privilege will be limited and should not amount to more than 3-4 bookings annually. The definition of “short term notice” shall mean within eighteen (18) hours of the event for booking and within twenty-four (24) hours of the event for cancellation.

16. PICK UP TIMES: Charter Buses must arrive at the pick-up location at least twenty (20) minutes prior to departure time. Pickup and discharge of students shall be made at designated points only.

17. ACCIDENTS: Awarded Carriers must immediately contact the Director of Transportation, Requestor, or designee for any of the following while contracted for an event: Bus accident (all types, minor and major); Breakdowns (All incidents in which the bus is not able to proceed); Delays (Any delay that will impair the departure/arrival). After hours, Contractor to contact the School District’s Safety & Security Office.

18. SPAB CERTIFIED: All buses provided under the awarded contract must be CHP SPAB certified. All buses must be in full operating condition (i.e., air conditioning, heating).

https://www.chp.ca.gov/programs-services/programs/school-bus-program

19. PROFESSIONALISM: All contract bus drivers will professionally present themselves to both students and staff at all times during the contract event period. Failure to do so will disqualify said driver from further contracts with the District. The District’s Transportation Department will review all complaints.

https://www.chp.ca.gov/programs-services/programs/school-bus-program

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20. FIRST AID KIT: The District requires all equipment used by contractors to carry a minimum ten-unit First Aid Kit (one (1) kit that accommodates up to 10 passengers). In case of an emergency, the District recognizes that first aid supplies are to be administered and used by District Staff/Supervisors riding on the bus with students

21. LICENSE REQUIREMENTS: The contractor shall meet all requirements of the California Highway Patrol, the California Department of Education, and the California Public Utilities Commission, including but not limited to Driver Training Procedures, Driver Records, Vehicle Maintenance Procedures, Vehicle Maintenance Records, accident reports, and any other law, rule, regulation, or procedure applicable to the services to be provided by the contractor. The contractor must provide the most recent terminal inspection upon request of the District.

22. MOTOR CARRIER RATING: The contractor shall provide their current California Highway Patrol Motor Carrier Rating and shall notify the District of any change in that rating within one (1) working day of that change.

23. COMPLAINTS: The Contractor will provide the drivers with customer relations training.

All customer service complaints received by the Contractor will be reported verbally to the District within twenty-four (24) hours and followed up in writing within ten (10) working days with the District’s Transportation Director.

24. COMMUNICATION: All buses will be equipped with two-way radios, cellular telephones, or similar equipment that will enable communication with the Transportation Department of the Elk Grove Unified School District.

25. DRUG & ALCOHOL POLICY: Contractor will have a drug and alcohol testing program in place as required by applicable local, state, and federal laws. The contractor shall furnish a copy of the current policy upon request of the District.

26. CHILD SAFETY: At least one adult chaperone shall accompany the students in each vehicle at all times. If a chaperone is not available to accompany the students in each vehicle, then the contractor is to contact the Transportation Representative for instructions as to whether to cancel at the site, or if other arrangements can be made to meet the requirements of this paragraph.

27. CHARTER BUS SERVICE TIME TO RESPOND FOR QUOTES FOR SERVICE TO SCHOOLS:

The contractor agrees to deliver a requested quote for service a minimum of twenty-four

(24) hours from the time the request is sent so that District school sites know whether the contractor can provide service and the exact cost and time of pickup and delivery on business workdays, Monday-Friday, except national holidays.

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28. SUSPENSION BY DISTRICT:

The District’s Director of Transportation reserves the right to suspend a contractor for excessive equipment failure and/or breakdowns, excessive trip refusals, and if any certifications are expired or non-existent.

29. ANTI-IDLING:

The District requires all buses to comply with the California Code of Regulations (CCR) anti-idling regulation, working to preserve the health of students and the public. 13 CCR 2480 is quoted:

(c) Idling Control Measure

(1) A driver of a school bus, school activity bus, youth bus, or general public paratransit vehicle:

(A) Must turn off the bus or vehicle engine upon stopping at a school or within 100 feet of a school, and must not turn the bus or vehicle engine on for more than 30 seconds before beginning to depart from a school or from within 100 feet of a school; and

(B) must not cause or allow a bus or vehicle to idle at any location greater than 100 feet from a school for:

(i) more than five consecutive minutes; or

(ii) a period or periods aggregating more than five minutes in any one hour.

30. TRANSPORTATION DEPARTMENT AS EXCLUSIVE BOOKING AGENT:

The Elk Grove Unified School District is the exclusive booking agent for the District. All trips must be authorized and booked by the Transportation Department. The contractor shall not accept any bookings from anyone other than the District Transportation Department’s Charter Desk for any school or department which is a part of the District.

The contractor must make reasonable efforts to identify when an individual or other party is representing a District school or department. The contractor is required to direct the requestors to contact the Transportation Department for the actual booking.

31. The contractor will be responsible for providing all other functions necessary for the safe, reliable, and efficient operation of the contract bus services that are not specifically mentioned herein.