Executed First Student Contract School Bus.pdf

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School Bus Service P22-010-O27

(Optional) (Piggybackable to UW System, State Agencies, and Municipalities)

Contract Administrators:

Joshua Fleming, (414) 229-6469, flemin35@uwm.edu

Prasanna Nanda, (414) 229-3076, nanda@uwm.edu

Contractor: First Student

Account Manager: David Chan, 630-452-0804, David.Chan@firstgroup.com

Account Representative: David Chan

Orders and Billing: David Chan

Contract Manager: Pam Loignon, (414) 229-5212, loignon@uwm.edu

This Contract is entered by and between the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee Issuing and Supplier set forth above.

1. General Description: School Bus service on an as needed basis. Requested services may range from a few hours to twelve hours and greater. Trips are generally needed in the Milwaukee vicinity but may be scheduled for locations throughout the state and beyond.

2. Multiple Awards/Ordering Decisions: Contractors are aggregated onto a contract list. UWM departments will be allowed to compare the various vendors on the contract list for pricing, and purchase from the vendor that best meets their needs.

This contract must be available to all UWM departments, including outlying destinations such as UWM at Waukesha and Washington County. This contract is not a mandatory for UWM. There is no guarantee of any purchases.

3. Types of Orders: Under this contract, Specific orders, Contract blanket orders, or Purchasing Card orders may be used. All orders placed by UWM shall be bound by the terms, conditions, and pricing of awarded contract whether the department refers to the contract or not.

4. Contract Length: The contract will be for a one (1) year period from July 1, 2022, through June 30, 2023, with the option for four (4) one (1) year renewals that shall be automatically renewed unless either party notifies the other within ninety (90) days of renewal period of intention not to renew. Terms and conditions of the bid shall remain the same for the initial term of the contract and all renewals. (Please note, this contract will run concurrently with our current school bus contract that ends on September 1, 2022, to allow for campus and contractor transition.)

5. Pricing and Booking: See Exhibit A

6. Price Escalation: Price increase requests proposed after the initial Contract term must be received by Purchasing during the renewal period, at least 120 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases must not exceed the most recent average yearly inflation rate found in the last column of the Table: Annual Inflation Rates by Month and Year found here:

https://www.usinflationcalculator.com/inflation/current-inflation-rates/. For purposes of a base inflation rate, the current average inflation rate for the most recent year for 2022 is 4.7%

If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract or a letter to the Contractor.

7. Technical Requirements:

mailto:flemin35@uwm.edu mailto:nanda@uwm.edu mailto:David.Chan@firstgroup.com mailto:loignon@uwm.edu https://www.usinflationcalculator.com/inflation/current-inflation-rates/

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a. Must furnish school bus service for multiple departments of UWM, on an as needed basis or if requested, regularly scheduled.

b. All buses must be equipped in accordance with all State and Federal Safety Standards and all drivers must be appropriately licensed from intra and interstate driving and be knowledgeable of trip itinerary detail.

c. Must furnish at a minimum, at least one (1) of the buses in the table below

Bus Size # Of Adults 29 Passenger 19 65-72 Passenger 48 77-84 Passenger 54

d. ADA Approved Handicap buses with a wheelchair lift and lap belts must be provided upon request.

e. Buses shall be heated.

f. Contractor must maintain buses at a level satisfactory to UWM for safety, sanitation, cleanliness, odor-free, and the maintenance of vehicles.

g. Buses must be no older than seven (7) years old.

8. Background Checks of Contractors: This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

9. Report of Child Abuse or Neglect: If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g., student, volunteer, Contractor, etc.) or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

The University has a zero-tolerance policy for any acts of discrimination or harassment against its affiliated members. Any employee of the awarded contractor found to be harassing an individual will be removed from campus immediately.

See University Discrimination, Harassment, and Retaliation Policy

10. Licensing/Permits:

a. Must meet and maintain all federal, state, and local government licensing requirements, including US.1.CC, certifications, and U.S. Department of Transportation Motor Carrier Safety Regulations Sections 390-396, and professional credentials throughout the entire contract term including renewals.

b. Must be financially responsible for obtaining all required permits, license, etc. to comply with pertinent Board of

Regents, University of Wisconsin System regulations, Municipal, County, State and Federal laws; and assume liability for applicable tax bonds, insurance, tickets, etc.

11. Insurance: The Contractor shall furnish upon award and maintain during the life of this contract maintain Standard

Insurance levels as required here: http://uwm.edu/risk-management/insurance/certificates-of-insurance/.

For vehicles with passenger capacity above 15 ADD: Excess/Umbrella Liability $4,000,000 and specify that Board of Regents of the University of Wisconsin System is included as an additional insured on the commercial, general, and automobile liability policy.

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12. Customer Service:

a. Must designate an account representative to provide communication, coordinate service, answer questions and expedite service for UWM.

b. Contractor must have covered telephone service from 8:00 AM to 5:00 PM, CST/CDT Monday through Friday to respond promptly to requests for service.

c. Must make reasonable efforts to ensure that personnel work in harmony with UWM and provide courteous professional customer service.

d. UWM may require the Contractor not to assign any employee UWM deems incompetent, careless, insubordinate, or otherwise objectionable.

13. Drivers:

a. Must be unaccompanied.

b. Must have obtained and have knowledge of the directions to each destination prior to pick up of passengers.

c. Must not eat, drink, read maps, play music, or use cell phone while operating the vehicle.

d. Smoking breaks will be only done when the passengers have scheduled or requested a stop.

e. Must not have any personal items including coolers or luggage in the aisle of the vehicle during service.

f. Must be familiar with the layout of the campus buildings.

g. Must be at the designated pick-up point at least ten (10) minutes prior to departure time for loading.

14. FOB Destination Pricing: Contract prices for school bus service are to be calculated as originating at the UWM Campus and returning to campus. All mileage and time must be calculated from departure and arrival (return) point at UWM throughout the entire term of the contract.

15. Contract Allowable Charges & Expenses:

Mileage calculated from and returning to UWM Campus

Hourly rate calculated from and returning to UWM Campus

Minimum Charge

Deadhead hourly charge

If an overnight trip is required, the driver’s meals, lodging, and incidentals are the responsibility of the vendor.

UWM will allow a per night charge.

Highway tools, bridge tolls, parking fees, and airport fees are the responsibility of the vendor and must be invoiced at cost. A copy of the receipts must be submitted to UWM for these charges to be reimbursed. If there are any other miscellaneous charges other than as stated here, they must be submitted to UWM in advance of travel and approved by UWM or they will not be allowed for reimbursement.

Cancellation Fees: Less than one (1) day notice before scheduled trip.

16. Ordering / Quotations / Confirmations:

a. All orders placed by UWM must be bound by the terms, conditions, and pricing of the resulting contract whether UWM refers to the contract or not.

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b. Terms and conditions (oral, written, or click-through shrink-wrapped) on vendor supplied documents are null and void and not a part of this contract regardless of whether the UWM representative amends the form or not.

c. Must supply the size of the bus that is requested by the requesting department. If the contractor does not have the requested bus size, they are to supply the next largest size available at the cost of the original requested size. UWM shall not be charged for additional mileage or driver’s labor if the contractor elects not to use the full bus capacity.

d. Contractor must determine trip routings requiring the least mileage and hourly charges when providing the customer, a quote.

e. Quotations must be provided at no cost to UWM. Quotations must be itemized, clearly showing what is included and how much time is appropriated for the service. Quotations must clearly specify if UWM has any responsibilities.

f. Invoices to UWM must not exceed the quoted price unless the service goes excessively longer due to a request from the group.

g. Must send order confirmations at a minimum within 48 hours of reservation after quotation is accepted by

UWM.

17. Service Issues/ Remedies:

a. In the event of a performance issue, UWM will contact the designated vendor representative within 72 hours of the event. The email must be acknowledged within 72 hours and will include specific, measurable criteria.

Performance issues may include, but not be limited to: buses arriving late, buses in poor condition, or unprofessional behaviors from drivers. A response from the vendor with a resolution is required for each customer service issue.

b. Failure to show or arriving late (must be at the designated pick – point at least ten (10) minutes prior to departure time) may be cause for penalty.

c. A late penalty may be assessed against the total value of the trip if Contractor does not pick up as required and must be deducted from the invoice if requested by UWM in writing.

Late fees may be assessed as follows:

LATE (From Scheduled Departure Time) CHARGE 10 Minutes 10% 30 Minutes 25% 60 Minutes 50%

The charge may be waived during periods of severe weather or when conditions, as determined by UWM, indicate that the delay was unavoidable. This determination is final. If the Contractor believes an event occurring in the University/city may cause delays, it is the responsibility of the Contractor to notify the ordered of the event and to obtain prior written concurrence that charges will not be assessed.

18. Cancellations: There must be no penalty to UWM for cancellations made within one (1) day before the scheduled service.

19. Subcontracting:

a. Any Contract resulting from the bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

b. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages more than the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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c. Subcontractors must abide by all terms and conditions under this Contract.

d. If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

20. Additional Services: UWM reserves the right to purchase all similar or like items in the contractor’s product line.

Contractor shall provide like items at the same pricing discounts or pricing basis as stated in the bid response.

21. Invoicing: Invoices must be itemized and include all detail from Exhibit B, the cost sheet and include number of miles, departure/return dates and times, destinations, and purchase order number per bus per day as applicable.

Vendor must make every effort to ensure the information i.e., contact person’s name placing order, department and purchase order number is correct by verifying it carefully with the customer placing the order.

22. Payment Terms: Payment terms shall be net 30 upon properly submitted invoices. Any type of prepayment or deposit is not permissible unless pre-approved by UWM in writing prior to placing an order.

23. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The contract, RFB, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: the contract, the bid document, the response to the bid, and the UWM purchase order if one is issued.

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For the State of W isconsin on behalf of the Board of R egents of the U niversity of W isconsin System for the U niversity of W isconsin-M ilw aukee

Pam ela Loignon

Printed N am e

Signature

5/26/2022 D ated:

For the C ontractor

Signature

Printed N am e

D ated:

D

AVID

C H

AN

5/12/22 r f t f

Bidder Name First Student

Supplier Name FIRST STUDENT

Account Representative Name DAVID CHAN

Account Representative Phone # 630-452-0804

Account Representative Email DAVID.CHAN@FIRSTGROUP.COM

Bus Type 29 Passenger (19 Adults) - 77-84 Passenger (54

Adults)

Minimum Charge $210.00

Hourly Rate Must be calculated from and returning to UWM Campus

$70.00

Mileage Must be calculated from and returning to UWM Campus

$3.25 Only applies on trips over 150 miles round trip and exceeds hourly rate

Do you charge a Hourly Rate and Mileage? Please explain here how that works Only charge hourly or mileage but never both

ADA Approved Handicap buses with a wheelchair lift and lap belts must be provided upon request. Please list your charge here if any, for ADA Approved Handicap buses.

(This is a mandatory requirement)

$70 per hour with a 3 hour minimum

* 29 passenger only. Larger buses not available

Overnight charge for bus per trip/per night:

Driver's meals, lodging and incidentals are the responsibility of the vendor. UWM will not pay for these types of charges. $210.00 includes hotel and per diem Dead head hourly charge (dead head is described as time vehicle is running with no passengers) $70.00

Pricing and Booking Exhibit A

Highway tools, bridge tolls, parking fees, and airport fees are the responsibility of the vendor and must be invoiced at cost.

A copy of the receipts must be submitted to UWM for these charges to be reimbursed. If there are any other miscellaneous charges other than as stated in this Exhibit, they must be submitted to UWM in advance of travel and approved by UWM or they will not be allowed for reimbursement. Do you agree with this mandatory requirement?

Yes

Any Additional Charges must be listed here and explained or they will not be allowed. Please note: you must be specific.

Pricing varies, fluctuates etc. will not be accepted and your bid will be ruled non responsive.

Monitor-$25.00/hr.

Air Conditioning- $75.00 Flat Fee

ConflicƟng (school days only)$75/conflict (7-

9AM, 2-4:30PM)

Any Additional Charges must be listed here and explained or they will not be allowed. Please note: you must be specific.

Pricing varies, fluctuates etc. will not be accepted and your bid will be ruled non responsive.

Late Booking (5 business days or less prior to trip date)-$100.00 Late Change (5 business days or less prior to trip date)-$50.00 Holiday Fee (follow FS holidays)-$75.00

Table 2: General Contract Information

Cancellation fee must be $0.00 if service is cancelled within one (1) day of the scheduled service. Do you agree?

(This is a mandatory requirement) Yes

Cancellation fee if any trip cancelled within 24 hours of scheduled pickup time Full Price of Trip

When do you consider a trip "booked"? Explain your process.

A trip is considered booked when trip confirmations are sent.

Do you accept charge cards?

(Not a requirement) Yes, no additional charges

Do you require a purchase order before a trip is taken? Yes, Need PO or Credit card prior to trip

Do you accept net 30 payment terms?

(This is mandatory) Yes

Do you offer early payment discounts?

(This is not mandatory) No

Invoices to UWM must not exceed the quoted price unless the service goes excessively longer due to a request from the group. Do you agree?

(This is a mandatory requirement) Yes, unless excessively longer

How often do you invoice?

Net 30 terms